STATE v. SMITH

Nos. 28769-6-III, 28771-8-III, 28772-6-III, 28773-4-III.

247 P.3d 775 (2011)

STATE of Washington, Appellant, v. Edward W. SMITH; Rick M. Neumayer; Jamie R.L. Husk; and Randolph M. Caul, Respondents.

Court of Appeals of Washington, Division 3.

January 27, 2011.


Attorney(s) appearing for the Case

Mark Erik Lindsey , Spokane County Prosecuting Attorneys, Spokane, WA, for Appellant.

Kristina M. Nichols , Attorney at Law, Spokane, WA, for Respondents.


SWEENEY, J.

¶ 1 A sentence following a criminal conviction can be subsequently modified only for extraordinary circumstances that could not have been anticipated at the time of sentencing. Here, the sentencing court originally imposed a sentence that included "partial confinement." The defendants served or are serving a term of confinement and then became eligible or will become eligible for partial confinement. But...

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