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STATE v. BOOTH

No. 37790-0-II.

215 P.3d 264 (2009)

STATE of Washington, Respondent, v. John Allen BOOTH, Jr., Appellant.

Court of Appeals of Washington, Division 2.

September 15, 2009.

Attorney(s) appearing for the Case

Jodi R. Backlund, Manek R. Mistry, Backlund & Mistry, Olympia, WA, for Appellant.

Lori Ellen Smith, Lewis Co. Prosecuting Atty. Office, Chehalis, WA, for Respondent.

OPINION PUBLISHED IN PART

SWEENEY, J.

¶ 1 This is an appeal from a sentence for two assault convictions. The original sentence exceeded the maximum sentence of 120 months when the term of confinement and community custody were added together. The defendant objected. The sentencing court amended the sentence to read that "[t]he total time imposed for both incarceration and community custody shall not exceed 120 months." Clerk's Papers (CP) at 4. The...

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