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STATE v. BADER

No. 22009-5-III.

105 P.3d 439 (2005)

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

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

February 1, 2005.

Attorney(s) appearing for the Case

Dennis W. Morgan, Attorney at Law, Ritzville, WA, for Appellant.

Karl F. Sloan, Stephen M. Bozarth, Attorneys at Law, Okanogan, WA, for Respondent.

SCHULTHEIS, J.

John Lawrence William Bader appeals the denial of his motion for immediate release from his incarceration. He essentially contends that the proper construction of the Sentencing Reform Act of 1981(SRA) allows him to reduce the incarceration portion of his sentence by the mandatory three-year community custody term "in lieu of" reducing it by his earned early release time. We disagree and affirm the trial court's denial of his motion.

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