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CITY OF SEATTLE v. WINEBRENNER

Nos. 81279-9, 81280-2.

219 P.3d 686 (2009)

CITY OF SEATTLE, Respondent, v. Scott WINEBRENNER, Petitioner. City of Seattle, Respondent, v. Jesus Quezada, Petitioner.

Supreme Court of Washington, En Banc.

Decided October 29, 2009.

Attorney(s) appearing for the Case

James Robert Dixon, Dixon & Cannon, Ltd., Seattle, Damon Alexander Platis, Lynnwood, for Petitioner/Appellant.

Moses Flint Garcia, Washington State Patrol, Richard Edward Greene, Seattle City Atty., Seattle, for Appellee/Respondent.

Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, Seattle, Theodore Wayne Vosk, Law Offices of Vosk & Velasquez, Bothell, Schoen R. Parnell, Edmonds, for amicus curiae Washington Association of Criminal Defense Lawyers.

CHAMBERS, J.

¶ 1 In separate prosecutions, petitioners Scott Winebrenner and Jesus Quezada were each found guilty of driving under the influence (DUI) after their deferred prosecutions were revoked by the trial court. In both cases, the court declined to consider offenses committed after the current offense in determining the mandatory minimum sentence under RCW 46.61.5055.1 At issue is the meaning of "prior offenses" under the statute...

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