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IN RE SMITH

Nos. 67182-6, 67390-0.

986 P.2d 131 (1999)

139 Wash.2d 199

In the Matter of the Personal Restraint Petition of James A. SMITH, Petitioner. In the Matter of the Personal Restraint Petition of Derek E. Gronquist, Petitioner.

Supreme Court of Washington, En Banc.

Decided October 14, 1999.

Attorney(s) appearing for the Case

James A. Smith, Derek Gronquist, Airway Heights, Sheryl McCloud, Seattle, for Petitioners.

Jeffrey Sullivan, Yakima County Prosecutor, Bruce Hanify, Deputy, Yakima, Christine Gregoire, Attorney General, John Blonien, Asst., Thomas Young, Asst., Olympia, for Respondent.

JOHNSON, J.

These consolidated personal restraint petitions ask us to determine the applicability of former RCW 9.94A.150(1) (1996) to certain class B offenses. The question is whether the Department of Corrections (DOC) erroneously applied the statute when it capped petitioners'"earned early release time" at 15 percent of their respective sentences. We find DOC was in error and grant the petitions.

FACTS

Petitioner James Smith was convicted of attempted...

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