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IN RE CRUZ

No. 77317-3.

134 P.3d 1166 (2006)

157 Wash.2d 83

In re the Matter of the Personal Restraint Petition of Gilberto CRUZ, Petitioner.

Supreme Court of Washington, En Banc.

Decided May 25, 2006.

Attorney(s) appearing for the Case

Thomas E. Weaver, Jr., Attorney at Law, Bremerton, for Petitioner/Appellant.

Kevin Michael Korsmo, Attorney at Law, Spokane, for Appellee/Respondent.

J.M. JOHNSON, J.

¶ 1 Mr. Gilberto Cruz seeks relief from his judgment and sentence because, he argues, it is facially invalid. After a jury convicted Mr. Cruz of various drug offenses, the superior court sentenced Mr. Cruz to double the low end of the standard range sentence pursuant to its interpretation of RCW 69.50.408. That statute provides that any person convicted of a subsequent controlled substance offense may be imprisoned for "a term up to twice the...

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