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STATE v. THOMAS

No. 55556-1-I.

144 P.3d 1178 (2006)

STATE of Washington, Respondent, v. Gregory L. THOMAS, Appellant.

Court of Appeals of Washington, Division 1.

As Amended and Publication Ordered October 13, 2006.

Attorney(s) appearing for the Case

Maureen Marie Cyr, Washington Appellate Project, Seattle, WA, for Appellant.

Seth Aaron Fine, Attorney at Law, Thomas Marshal Curtis, Snohomish County Pros Ofc, Everett, WA, for Respondent.

SCHINDLER, A.C.J.

¶ 1 Gregory Thomas contends the sentencing court's decision to include out-of-state convictions in the calculation of his offender score violated his constitutional and due process rights to a jury trial. In the alternative, Thomas argues the State failed to prove the out-of-state California convictions for burglary and receiving stolen property was comparable to a Washington crime. Under Apprendi v. New Jersey, 530 U.S...

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