STATE v. ORTEGA

No. 21538-5-III.

128 P.3d 146 (2006)

STATE of Washington, Appellant, v. Jose Angel ORTEGA, Sr., Respondent and Cross-Appellant.

Court of Appeals of Washington, Division Three, Panel Three.

Reconsideration Denied March 23, 2006.


Attorney(s) appearing for the Case

Steven M. Lowe, Frank W. Jenny, Attorneys at Law, Pasco, WA, for Appellant.

James E. Egan, Attorney at Law, Kennewick, WA, for Respondent.


SCHULTHEIS, J.

¶ 1 In July 2002, Jose Ortega pleaded guilty to one count of first degree child molestation of his granddaughter. At sentencing, the presentence investigation revealed that he had a 1991 Texas conviction for indecency with a child. Arguing that the current offense was a second strike, the State sought a sentence of life without the possibility of parole pursuant to the Persistent Offender Accountability Act (POAA). RCW 9.94A.570. The trial court...

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