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STATE v. ROSS

Nos. 73784-3, 73895-5, 74171-9.

95 P.3d 1225 (2004)

STATE of Washington, Respondent, v. David Wayne ROSS, Petitioner. State of Washington, Respondent, v. Russell James Hunter, Petitioner. State of Washington, Respondent, v. Donald Janell Legrone, Petitioner.

Supreme Court of Washington, En Banc.

Decided August 12, 2004.

Attorney(s) appearing for the Case

Thomas Edward Doyle, Hansville, Gregory Charles Link, Jason Brett Saunders, Washington Appellate Project, Seattle, Patricia Anne Pethick, Tacoma, for Petitioners.

Steven Curtis Sherman, Thurston County Prosecutors Office, Olympia, Andrea Ruth Vitalich, King County Prosecutors Office/Appellate Unit, Seattle, for Respondents.

BRIDGE, J.

These defendants principally assert that the State's failure to prove at sentencing that their prior out-of-state and/or federal convictions were comparable to Washington State felony crimes and thus properly included in their offender scores, constitutes legal error. They contend that pursuant to our decision in In re Personal Restraint of Goodwin, 146 Wn.2d 861, 50 P.3d 618 ...

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