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IN RE PERSONAL RESTRAINT PETITION OF TRAN

Nos. 75280-0, 75309-1.

111 P.3d 1168 (2005)

154 Wash.2d 323

In the Matter of the PERSONAL RESTRAINT PETITION OF Huy Khac TRAN, Petitioner. In the Matter of the Personal Restraint Petition of Michael J. Roberts, Petitioner.

Supreme Court of Washington, En Banc.

Decided May 19, 2005.

Attorney(s) appearing for the Case

Huy Khac Tran, pro se.

Michael J. Roberts, pro se.

Thomas Michael Kummerow, Nancy P. Collins, Gregory Charles Link, Washington Appellate Project, Seattle, WA, for Petitioner.

Ronda Denise Larson, Donna Mullen, Paul Douglas Weisser, Atty. Generals Ofc./CJ Division, Olympia, WA, for Respondent.

OWENS, J.

¶ 1 The question presented is whether the Washington State Department of Corrections (DOC) may require an inmate to serve the first five years of a sentence for first degree assault as "flat time" under former RCW 9.94A.120(4) (1998 & 2000)1 where the judgment and sentence includes only a conviction for first degree assault with a firearm or other deadly weapon enhancement. Former RCW 9.94A.120(4) states that "[a]n offender...

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