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STATE v. EHLI

No. 20171-6-III.

62 P.3d 929 (2003)

STATE of Washington, Respondent, v. David Carson EHLI, Appellant.

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

February 11, 2003.

Attorney(s) appearing for the Case

Neil Presley Cox, Clarkston, for Appellant.

Benjamin C. Nichols, Pros. Atty., Asotin, for Respondent.

SWEENEY, J.

A sentencing court has the discretion to find two or more current offenses to be the "same criminal conduct" provided there is identity of time, place, and victims. Former RCW 9.94A.400(1)(a) (2000) (now RCW 9.94A.589(1)(a)). Here, David Ehli downloaded and transmitted multiple images of different young children having sex with adults. The question is whether the children's lack of knowledge of the downloading or the State's failure to identify the particular...

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