STATE v. FAILEY

No. 81557-7.

201 P.3d 328 (2009)

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

Supreme Court of Washington, En Banc.

February 12, 2009.


Attorney(s) appearing for the Case

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

Pierce County Prosecutor's Office, Michelle Hyer, Tacoma, WA, for Respondent.


PER CURIAM.

¶ 1 This case concerns the classification of crimes existing before the enactment of the Washington Criminal Code, Title 9A RCW, and the Sentencing Reform Act (SRA) of 1981, chapter 9.94A RCW, for purposes of persistent offender sentencing. Robert Failey argues the Court of Appeals erroneously held that his 1974 robbery conviction was a class A felony that counted as a "strike" offense. We agree and reverse the Court of Appeals.1...

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