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IN RE PERSONAL RESTRAINT PETITION OF HOPKINS

No. 39347-2-I.

948 P.2d 394 (1997)

89 Wash.App. 198

In re The Personal Restraint Petition of Thomas HOPKINS, Petitioner.

Court of Appeals of Washington, Division 1.

December 18, 1997.

Attorney(s) appearing for the Case

Eric J. Nielsen, Nielsen, Broman & Associates, Seattle, for Appellant.

Ann Marie Foerschler, King County Pros. Atty., Appellate Unit, Seattle, for Respondent.

AGID, Judge.

Thomas Hopkins contends he is entitled to collateral relief from his 81-month sentence for solicitation to deliver cocaine because it exceeds the 5-year statutory maximum sentence for a class C felony. We hold that because Hopkins has a prior drug conviction, the statutory maximum sentence for his crime was 10 years under RCW 69.50.408. We therefore deny his personal restraint petition.

DISCUSSION

In July 1995, Hopkins was arrested and...

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