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IN RE RESTRAINT OF BOWMAN

No. 46585-6-I.

38 P.3d 1017 (2001)

109 Wash.App. 869

In re the Personal RESTRAINT Petition OF Earl Ira BOWMAN, Petitioner.

Court of Appeals of Washington, Division 1.

December 24, 2001.

Attorney(s) appearing for the Case

Dana Nelson, Nielsen Broman & Assoc., Seattle, Counsel for Appellant.

Deborah Dwyer & Ann Summers, King County Pros. Ofc., Seattle, Counsel for Respondent.

BAKER, J.

Earl Ira Bowman challenges his sentence for solicitation to deliver cocaine imposed pursuant to RCW 9.94A.410. The sentence was based on a plea bargain after Bowman was charged under RCW 9A.28.030. Bowman argues that it is not clear whether the Legislature intended solicitation to be charged under chapter 9A.28 RCW or as an offense under chapter 69.50 RCW. He argues that this ambiguity requires that the rule of lenity be applied and resolved in his favor...

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