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STATE v. CRUZ

No. 67147-8.

985 P.2d 384 (1999)

139 Wash.2d 186

STATE of Washington, Respondent, v. Sabas E. CRUZ, Petitioner.

Supreme Court of Washington, En Banc.

Decided October 7, 1999.

Attorney(s) appearing for the Case

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

Jim Krider, Snohomish County Prosecutor, S. Aaron Fine, Deputy, Everett, for Respondent.

SANDERS, J.

The Persistent Offender Accountability Act (POAA), RCW 9.94A.120(4), mandates life without possibility of parole when the offender is convicted of a third "most serious offense" after two separate prior convictions. RCW 9.94A.030(25). Sabas Cruz appealed such a sentence to the Court of Appeals claiming the offense for which he was sentenced was his second, not his third, and one of the prior convictions had previously "washed out" and thus could not be...

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