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STATE v. ORTEGA

No. 21538-5-III.

84 P.3d 935 (2004)

STATE of Washington, Appellant, v. Jose Angel ORTEGA, Sr., Respondent and Cross-Appellant.

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

February 17, 2004.

Attorney(s) appearing for the Case

Steven M. Lowe, Paige L. Sully, Prosecuting Attorney's Office, Pasco, WA, for Appellant.

James E. Egan, Kennewick, WA, for Respondent.

OPINION PUBLISHED IN PART

SCHULTHEIS, J.

Jose Ortega pleaded guilty to one count of first degree child molestation of his granddaughter. The State unsuccessfully sought a sentence of life without the possibility of parole pursuant to the Persistent Offender Accountability Act (POAA).1 On appeal, the State contends a prior Texas conviction for indecency with a child should have been counted as a first strike for the purposes of...

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