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STATE v. CONLEY

No. 20589-4-III.

87 P.3d 1221 (2004)

STATE of Washington, Respondent, v. Edward Lamario CONLEY, Appellant.

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

April 20, 2004.

Attorney(s) appearing for the Case

Robert J. Thompson, Attorney at Law, Pasco, WA, for Appellant.

David W. Corkrum, Deputy Prosecuting Attorney, Pasco, WA, for Respondent.

SCHULTHEIS, J.

Under former RCW 9.94A.120(4) (1999), a person convicted of first degree assault with force likely to cause death was subject to a mandatory minimum sentence of five years. Such offenders were not eligible for earned early release time during that minimum term. Former RCW 9.94A.120(4).

Edward Conley pleaded guilty to one count of first degree assault and received a standard range sentence of 102 months. Later, he moved to withdraw his guilty...

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