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STATE v. CALLIHAN

No. 21396-0-III.

85 P.3d 979 (2004)

STATE of Washington, Respondent, v. Tony Tector CALLIHAN, Appellant.

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

March 16, 2004.

Attorney(s) appearing for the Case

David N. Gasch, Attorney at Law, Spokane, WA, for Appellant.

Kevin M. Korsmo, Frank A. Grigaliunas, Deputy Prosecuting Attorneys, Spokane, WA, for Respondent.

BROWN, C.J.

If two crimes constitute the same criminal conduct under RCW 9.94A.400(1)(a), do the sentence enhancements for each run concurrently? Here, Tony Callihan contends the superior court erred when it ordered him to serve the sentence enhancements on his two assault convictions consecutively, even though they involved the same criminal conduct. We affirm.

FACTS

On December 25, 2001, Tony Callihan was involved in a fight with another man at...

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