STATE v. TISCORINO

No. 20745-5-III.

98 P.3d 529 (2004)

STATE of Washington, Respondent, v. Marsial TISCORINO, a.k.a. Marcial Tiscareno, Appellant.

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

September 28, 2004.


Attorney(s) appearing for the Case

Sheryl Gordon McCloud, Seattle, for Appellant.

Steven Mark Lowe, Frank William Jenny, Paige L. Sully, Prosecuting Attorney's Office, Pasco, WA, for Respondent.


BROWN, J.

Marsial Tiscorino, convicted of second degree murder, asserts correctly that his four prior juvenile adjudications washed out under former RCW 9.94A.360(4) (1995) because he committed those offenses before he was 15 years old. We therefore reverse and remand for resentencing, at which time the sentencing court can also specifically indicate whether it is exercising its sentencing discretion under former RCW 9.94A.400(3) (1995) to order the sentence to run...

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