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STATE v. WILSON

No. 83797-0.

244 P.3d 950 (2010)

STATE of Washington, Respondent, v. Jason A. WILSON, Petitioner.

Supreme Court of Washington, En Banc.

Decided December 23, 2010.

Attorney(s) appearing for the Case

Vanessa Mi-jo Lee , Attorney at Law, Nancy P. Collins , Washington Appellate Project, Seattle, WA, for Petitioner.

Gerald R. Fuller , Grays Harbor County Prosecutor's Office, Montesano, WA, for Respondent.

C. JOHNSON, J.

¶ 1 In this case, we are asked to decide whether a mistake in an offender score calculation due to mischaracterization of a prior conviction constitutes legal or factual error. The trial court, in its calculation of an offender score, included as a felony what was actually a prior conviction for a gross misdemeanor. The Court of Appeals affirmed the sentence, though recognizing the mistake, reasoning that under RCW 9.94A.525(4), the anticipatory...

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