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IN RE CADWALLADER

No. 76070-5.

123 P.3d 456 (2005)

155 Wash.2d 867

In the Matter of the Personal Restraint of Richard CADWALLADER, Petitioner. State of Washington, Respondent, v. Richard Allen Cadwallader, Petitioner.

Supreme Court of Washington, En Banc.

Decided November 23, 2005.

Attorney(s) appearing for the Case

Eric Broman, Nielsen Broman & Koch PLLC, Seattle, for Petitioner/Appellant.

David Stuart Mc Eachran, Kimberly Anne Thulin, Whatcom County Prosecutor's Office, Bellingham, for Appellee/Respondent.

MADSEN, J.

¶ 1 The petitioner was sentenced as a persistent offender to life in prison without the possibility of early release. He argues that his sentence is unlawful because one of the two predicate strike offenses "washed out" and that the Court of Appeals erroneously allowed the State to prove an out-of-state conviction to show that the wash out period was interrupted. Because it is the State's burden to establish criminal history at sentencing (unless the...

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