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STATE v. DONERY

Nos. 31974-8-II, 32232-3-II.

128 P.3d 1262 (2006)

STATE of Washington, Respondent, v. Michael Tranh DONERY, Appellant. In re the Personal Restraint Petition of Michael T. Donery, Petitioner.

Court of Appeals of Washington, Division 2.

February 22, 2006.

Attorney(s) appearing for the Case

Deborah Snyder Kelly, Clallam County Prosecutors Office, Port Angeles, WA, Donna H. Mullen, Attorney at Law, Attorney General Ofc., Olympia, WA, for Respondent.

Jodi R. Backlund, Backlund & Mistry, Olympia, WA, Manek R. Mistry, Backlund & Mistry, Olympia, WA, for Appellant.

PART PUBLISHED OPINION

BRIDGEWATER, J.

¶ 1 Michael Tranh Donery appeals his conviction for persistent prison misbehavior, which requires the State to prove that he had lost all potential earned early release time. RCW 9.94.070(1). We hold that the Department of Corrections cannot remove good time earned in county jail and it is therefore not potential earned early release time for the purposes of the persistent prison misbehavior statute. We also hold...

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