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STATE v. ELMORE

No. 58879-6-I.

177 P.3d 172 (2008)

STATE of Washington, Respondent, v. Michael Edward ELMORE, Appellant.

Court of Appeals of Washington, Division 1.

February 19, 2008.

Attorney(s) appearing for the Case

David L. Donnan, Gregory Charles Link, Washington Appellate Project, Seattle, WA, for Appellant.

Erik Pedersen, Thomas E. Seguine, Skagit Co. Prose. Atty. Ofc., Mount Vernon, WA, for Respondent.

APPELWICK, C.J.

¶ 1 Appellant Michael Elmore was convicted of three counts of first degree malicious mischief for repeatedly flooding portions of the Skagit County jail and impairing government services. Elmore argues the trial court erred in setting his sentence. He contends RCW 9.94A.589 is ambiguous and under the rule of lenity he was erroneously sentenced. We disagree that RCW 9.94A.589 is ambiguous, but hold the court erred in how it applied the statute...

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