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STATE v. O'CONNELL

Nos. 23563-7-III, 25340-6-III.

152 P.3d 349 (2007)

STATE of Washington, Respondent, v. Elmer Lawrence O'CONNELL II, Appellant. In re the Matter of the Personal Restraint Petition of Elmer Lawrence O'Connell II, Petitioner.

Court of Appeals of Washington, Division 3.

February 6, 2007.

Attorney(s) appearing for the Case

Janet G. Gemberling, Gemberling & Dooris PS, Spokane, WA, for Appellant(s).

Kevin Michael Korsmo, Spokane, WA, for Respondent(s).

SCHULTHEIS, J.

¶ 1 Any person who has been convicted three times for "most serious offense" felonies is a persistent offender subject to a life sentence without the possibility of parole. Former RCW 9.94A.030(29) (1999); former RCW 9.94A.120(4) (2000). Elmer O'Connell II was convicted in 2001 of first degree robbery, a most serious offense. Former RCW 9.94A.030(25)(a); former RCW 9A.56.200 (1975). The sentencing court found that Mr. O'Connell had been convicted...

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