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MATTER OF PERSONAL RESTRAINT OF SIETZ

Nos. 59846-1; 61060-6.

124 Wn.2d 645 (1994)

880 P.2d 34

In the Matter of the Personal Restraint of ROBERT CLARK SIETZ, Petitioner. In the Matter of the Personal Restraint of M. ANDRE BUCHMANN, Petitioner.

The Supreme Court of Washington, En Banc.

September 15, 1994.

Attorney(s) appearing for the Case

Robert Clark Sietz, pro se, and Colleen E. O'Connor of Washington Appellate Defender Association, for petitioner Sietz.

John G. Ziegler, for petitioner Buchmann.

C.C. Bridgewater, Prosecuting Attorney for Cowlitz County, and Jill Johanson, James J. Stonier, and Chris Mahre, Deputies; Norm Maleng, Prosecuting Attorney for King County, and Pamela Mohr, Deputy, for respondent.

GUY, J.

Petitioners Robert Sietz and Marvin Buchmann filed personal restraint petitions to contest their offender score calculations under the Sentencing Reform Act of 1981 (SRA). Both Sietz and Buchmann assert their sentencing judge improperly calculated their offender score, and thus their standard range sentence, by counting judicially ordered concurrent sentences as separate offenses, contrary to RCW 9.94A.360(6)(c). We agree and remand for resentencing.

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