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IN RE NICHOLS

No. 22099-1-III.

85 P.3d 955 (2004)

120 Wash.App. 425

In the Matter of the Personal Restraint OF William Joseph NICHOLS, Petitioner.

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

March 9, 2004.

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.

KURTZ, J.

William Joseph Nichols seeks relief from personal restraint imposed for his 2001 Spokane County conviction upon plea of guilty to two counts of delivery of a controlled substance—marijuana. The question is whether incarceration for misdemeanor convictions interrupts the class C felony washout provision of former RCW 9.94A.360(2) (1995) for offenders who spent five consecutive years in the community without being convicted of any felonies. We answer...

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