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STATE v. FAILEY

No. 35677-5-II.

181 P.3d 875 (2008)

STATE of Washington, Appellant, v. Robert Frank FAILEY, Respondent.

Court of Appeals of Washington, Division 2.

April 22, 2008.

Attorney(s) appearing for the Case

Michelle Hyer, Pierce County Prosecutor, Tacoma, WA, for Appellant.

Rita Joan Griffith, Attorney at Law, Seattle, WA, for Respondent.

HUNT, J.

¶ 1 The State appeals the trial court's refusal to sentence Robert Failey as a persistent offender for his 2006 first degree robbery conviction. The State argues that the trial court erred in (1) ruling RCW 9.94A.035 (classification of felonies for sentencing outside Title 9A RCW) ambiguous and, therefore, inapplicable to Failey's sentencing; (2) failing to classify Failey's 1974 robbery conviction as a class A felony for sentencing, including persistent...

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