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GUTIERREZ v. DEPARTMENT OF CORRECTIONS

No. 26875-6-III.

188 P.3d 546 (2008)

In re Post Sentencing Review of Ray Roy GUTIERREZ, Respondent, v. DEPARTMENT OF CORRECTIONS, Petitioner.

Court of Appeals of Washington, Division 3.

July 24, 2008.

Attorney(s) appearing for the Case

Ronda Denise Larson, Attorney Generals Office/CJ Division, Olympia, WA, for Petitioner.

Gabriel Eliud Acosta, Attorney at Law, Walla Walla, WA, Dennis W. Morgan Attorney at Law Ritzville, WA, for Respondent.

KORSMO, J.

¶ 1 The Department of Corrections (DOC) filed a post-sentence petition challenging the computation of Ray Roy Gutierrez's DOSA1 sentence. DOC contends that the suspended portion of a DOSA sentence cannot include any time that arises from a sentencing enhancement. Believing that the trial court properly calculated the sentence, we dismiss the petition.

¶ 2 After reaching a plea agreement, Mr. Gutierrez pleaded...

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