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STATE v. MENDOZA

Nos. 80477-0, 80553-9.

205 P.3d 113 (2009)

STATE of Washington, Petitioner, v. Frank C. MENDOZA, Respondent. State of Washington, Petitioner, v. David M. Henderson, Respondent.

Supreme Court of Washington, En Banc.

Decided April 16, 2009.

Attorney(s) appearing for the Case

Gerald R. Fuller, Grays Harbor Co. Prosecutor's Office, Montesano, WA, for Petitioner.

Eric J. Nielsen, Nielsen Broman & Koch PLLC, Seattle, WA, Manek R. Mistry, Jodi R. Backlund, Backlund & Mistry, Olympia, WA, for Respondent.

STEPHENS, J.

¶ 1 In these consolidated cases, the State seeks review of two Court of Appeals decisions reversing the defendants' sentences and remanding for resentencing. The Court of Appeals in each case held that the sentencing court improperly relied upon the State's assertion of the defendant's criminal history where the defendant did not stipulate to the criminal history and the State did not provide any evidence to establish the prior convictions. We affirm...

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