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IN RE PERSONAL RESTRAINT OF MATTSON

No. 81324-8.

214 P.3d 141 (2009)

In Matter of PERSONAL RESTRAINT Petition OF Mark David MATTSON, Respondent.

Supreme Court of Washington, En Banc.

Decided August 20, 2009.

Attorney(s) appearing for the Case

Alex A. Kostin, Criminal Justice Division, Gregory Joseph Rosen, John Joseph Samson, Office of the Attorney General, Criminal Justice Division, Olympia, WA, for Petitioner.

Gregory Charles Link, Washington Appellate Project, Seattle, WA, for Respondent.

MADSEN, J.

¶ 1 Respondent Mark Mattson was convicted of the crime of indecent liberties by forcible compulsion and sentenced to 120 months incarceration followed by 36-48 months of community custody. As a sex offender, Mattson was ineligible for early release under RCW 9.94A.728(1).1 However, with time for good behavior, he became eligible for transfer into community custody. RCW 9.94A.728(2).

¶ 2 Mattson submitted release...

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