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STATE v. GRACIANO

No. 86530-2.

295 P.3d 219 (2013)

176 Wn.2d 531

STATE of Washington, Respondent, v. Julio Cesar Aldana GRACIANO, Petitioner.

Supreme Court of Washington, En Banc.

Decided January 31, 2013.

Attorney(s) appearing for the Case

Thomas Michael Kummerow , Washington Appellate Project, Seattle, WA, for Petitioner.

Thomas Charles Roberts , Margo Martin , Pierce County Prosecuting Attorney, Tacoma, WA, for Respondent.

STEPHENS, J.

¶ 1 We have been asked to resolve conflicting authority on which standard of review applies to a sentencing court's determination of "same criminal conduct" under RCW 9.94A.589(1)(a). The Court of Appeals, Division Two, reviewed this determination de novo, adopting the reasoning of Division Three in State v. Torngren, 147 Wn.App. 556, 196 P.3d 742 (2008). The court in...

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