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IN RE JOHNSON

No. 66488-3-I.

294 P.3d 781 (2013)

In the Matter of the Personal Restraint of Toby Vernon JOHNSON, Petitioner.

Court of Appeals of Washington, Division 1.

February 11, 2013.

Attorney(s) appearing for the Case

David Koch , Nielsen Broman & Koch, PLLC, Seattle, WA, for Appellant.

Ronda Larson , Assistant Attorney General-Corrections Dept., Olympia, WA, for Respondent.

LEACH, C.J.

¶ 1 The Department of Corrections (DOC) has moved to modify a commissioner's ruling denying it an award of statutory attorney fees as costs following our dismissal of Toby Johnson's personal restraint petition (PRP). In the PRP, Johnson claimed that the sentencing court failed to award him early release credit for presentence confinement. The court commissioner denied DOC's subsequent request under RCW 10.73.160(2) for statutory attorney fees. We...

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