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IN RE CRUZE

No. 82567-0.

237 P.3d 274 (2010)

In the Matter of the Personal Restraint Petition of Schawn James CRUZE, Petitioner.

Supreme Court of Washington, En Banc.

Decided August 12, 2010.

Attorney(s) appearing for the Case

Jeffrey Erwin Ellis, Oregon Capital Resource Center, Portland, OR, for Petitioner.

Rachael Rogers Probstfeld, Clark County Prosecutor's Office, Vancouver, WA, for Respondent.

OWENS, J.

¶ 1 Schawn James Cruze was sentenced to life in prison without the possibility of parole under the "three strikes" provision of the Persistent Offender Accountability Act. Former RCW 9.94A.120(4) (1996), recodified as RCW 9.94A.570. Cruze filed this personal restraint petition (PRP), arguing that the second conviction on which his sentence relied is not a most serious offense, or "strike." Because Cruze filed this PRP more than one year after...

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