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STATE v. GOMEZ-FLORENCIO

No. 14448-8-III.

945 P.2d 228 (1997)

88 Wash.App. 254

STATE of Washington, Respondent, v. Adrian GOMEZ-FLORENCIO, Appellant.

Court of Appeals of Washington, Division 3, Panel One.

October 9, 1997.

Attorney(s) appearing for the Case

Antonio Salazar, Salazar Law Offices, Seattle, for Appellant.

Frank W. Jenny II, Deputy Prosecutor, Steven M. Lowe, Franklin County Prosecutor, Pasco, Samuel P. Swanberg, Sonderman & Swanberg, Kennewick, for Respondent.

PHILIP J. THOMPSON, Judge Pro Tem.*

Adrian Gomez-Florencio appeals his resentencing after the State discovered two prior convictions that had not been counted in determining his presumptive sentence. He contends the trial court had no authority to change its original sentence. We hold the new sentence was factually unjustified and therefore reverse.

Mr. Gomez-Florencio was convicted on May 18, 1994, in the Franklin County Superior...

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