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STATE v. GARZA-VILLARREAL

Nos. 59180-6, 59292-6.

123 Wn.2d 42 (1993)

864 P.2d 1378

THE STATE OF WASHINGTON, Petitioner, v. FRANCISCO GARZA-VILLARREAL, Respondent. THE STATE OF WASHINGTON, Petitioner, v. JOSEPH G. CASAREZ, Respondent.

The Supreme Court of Washington, En Banc.

December 30, 1993.

Attorney(s) appearing for the Case

John W. Ladenburg, Prosecuting Attorney for Pierce County, and Chris Quinn-Brintnall, Senior Appellate Deputy; Dennis DeFelice, Prosecuting Attorney for Franklin County, and Charles E. Maddock, Deputy, for petitioner.

Clayton R. Dickinson, for respondent Garza-Villarreal.

Linda L. Edmiston, for respondent Casarez.

Katherine Steele Knox of Washington Defender Association, amicus curiae for respondents.

UTTER, J.

Petitioner State of Washington challenges two Court of Appeals decisions holding convictions based on different controlled substances involved in the same transaction constitute the "same criminal conduct" for purposes of calculating the offender score under RCW 9.94A.400(1)(a). We affirm and remand for resentencing.

I

STATE v. GARZA-VILLARREAL

On February 8, 1990, police officers executing...

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