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STATE v. CUNNINGHAM

No. 20870-2-III.

65 P.3d 325 (2003)

STATE of Washington, Respondent, v. Aaron Joseph CUNNINGHAM, Appellant.

Court of Appeals of Washington, Division 3, Panel Seven.

As Amended on Denial of Reconsideration and Publication Ordered March 18, 2003.

Attorney(s) appearing for the Case

Janet G. Gemberling, Attorney at Law, Spokane, WA, for Appellant.

Kevin M. Korsmo, Deputy Prosecuting Attorney, Spokane, WA, for Respondent.

SCHULTHEIS, J.

Aaron Cunningham appeals his conviction for taking a motor vehicle without permission (TMVWOP). He first maintains his sentence was based on an erroneous offender score. The State concedes this is partially correct because the trial court improperly included the current offense as a point in Mr. Cunningham's criminal history. Next, Mr. Cunningham claims the trial court erred when it denied his CrR 3.5 motion to suppress based on statements made without...

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