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STATE v. DRAXINGER

No. 36952-4-II.

200 P.3d 251 (2008)

STATE of Washington, Respondent, v. Richard K. DRAXINGER, Appellant.

Court of Appeals of Washington, Division 2.

Publication Ordered February 3, 2009.

Attorney(s) appearing for the Case

Patricia Anne Pethick, Attorney at Law, Tacoma, WA, for Appellant.

Rebecca Lynn Jones Garcia, Mason County Prosecutor's Office, Shelton, WA, for Respondent.

QUINN-BRINTNALL, J.

¶1 Richard K. Draxinger appeals the sentence imposed for his Mason County conviction of felony driving while under the influence (DUI). He contends that the trial court incorrectly calculated his offender score because it included four prior DUI convictions that had been used to raise his current DUI to a felony. He also contends that the offender scoring statute, RCW 9.94A.525(2)(e), is ambiguous and, thus, under the rule of lenity, must...

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