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STATE v. BORG

No. 70669-7.

36 P.3d 546 (2001)

STATE of Washington, Respondent, v. James Dwayne BORG, Petitioner.

Supreme Court of Washington, En Banc.

Decided December 27, 2001.

Attorney(s) appearing for the Case

Clayton Dickinson, Fircrest, for Petitioner.

Gerald Horne, Pierce County Prosecutor, John Christopher Hillman, Deputy, Tacoma, for Respondent.

OWENS, J.

James Dwayne Borg was convicted of six counts of unlawful possession of a firearm. The superior court imposed an exceptional sentence above the standard range because Borg committed multiple crimes, even though the "same criminal conduct" rule of RCW 9.94A.5891 required the court to treat all six crimes as one for sentencing. Borg challenges his conviction on the ground of prosecutorial misconduct. He also asserts that in light...

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