IN RE HIGGINS

No. 22270-5-III.

83 P.3d 1054 (2004)

In the Matter of the Personal Restraint Petition of Richard Blake HIGGINS, Petitioner.

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

As Amended March 25, 2004.


Attorney(s) appearing for the Case

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

Gary A. Riesen, James A. Hershey, Prosecuting Attorney's Office, Wenatchee, WA, for Respondent.


BROWN, C.J.

An offender's prior convictions affect his offender score, which the superior court uses in calculating the standard range sentence for the current offense. RCW 9.94A.360. Before the 1995 amendments to the Sentencing Reform Act of 1981, an offender's prior Class C felonies did not count in his offender score if, following release from confinement pursuant to a felony conviction, he spent five consecutive years in the community without another felony conviction...

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