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STATE v. McCARTHY

No. 47819-2-I.

48 P.3d 1014 (2002)

112 Wash.App. 231

STATE of Washington, Appellant, v. Dennis Victor McCARTHY, Respondent, John Douglas Hopkins, and Jeffrey James Keys, aka Jeffrey Kyes, and each of them, Defendants.

Court of Appeals of Washington, Division 1.

Publication Ordered June 19, 2002.

Attorney(s) appearing for the Case

Ann Marie Summers, Deborah A. Dwyer, King County Prosecutor's Office, Seattle, for Appellant.

David L. Donnan, Gregory Charles Link, Washington Appellate Project, Seattle, for Respondent.

PER CURIAM.

Following Dennis McCarthy's conviction for delivery of heroin, a dispute arose as to whether his prior conviction for solicitation to deliver heroin should count as one or three points in his offender score. The sentencing court scored the offense as one point, rejecting the State's argument that our decision in State v. Howell1 controlled. The State appeals, arguing that the...

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