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STATE v. GRAYSON

No. 51517-9-I.

125 P.3d 169 (2005)

130 Wash.App. 782

STATE of Washington, Respondent, v. John GRAYSON, Appellant.

Court of Appeals of Washington, Division One.

December 19, 2005.

Attorney(s) appearing for the Case

Jason Brett Saunders, Washington Appellate Project, Attorney at Law, Seattle, WA, for Appellant.

Melinda B. Miller, Craig D. Chambers, Attorney at Law, Hilary A. Thomas, Whatcom County Prosecutors Office, Bellingham, WA, for Respondent.

PUBLISHED IN PART

BECKER, J.

¶ 1 At issue in this appeal is a sentencing statute, RCW 9.94A.589(3). We hold the statute requires the sentencing court to make an "either-or" choice. The sentence must either be concurrent with another sentence, or consecutive to it. The statute does not authorize the hybrid model utilized in the present case, where the court ordered a portion of the 144-month sentence to be served consecutively while the rest was to run...

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