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STATE v. ELGIN

No. 57509-6.

118 Wn.2d 551 (1992)

825 P.2d 314

THE STATE OF WASHINGTON, Petitioner, v. JACK A. ELGIN, Respondent.

The Supreme Court of Washington, En Banc.

March 5, 1992.

Attorney(s) appearing for the Case

Norm Maleng, Prosecuting Attorney, and Donna L. Wise, Senior Appellate Attorney, for petitioner.

Paris K. Kallas of Washington Appellate Defender Association, for respondent.

GUY, J.

The defendant was convicted in district court of a repeat offense of driving while intoxicated (DWI). A series of appeals followed, arising from confusion regarding the sentencing provision of RCW 46.61.515(2). This case presents the issue whether RCW 46.61.515(2) permits a sentence of over 1 year for a repeat DWI offense. We hold that it does not. The maximum jail term allowed under RCW 46.61.515(2), including both "nonsuspendable and nondeferrable" as well...

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