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STATE v. WILLIAMS

No. 29931-7-III.

307 P.3d 819 (2013)

176 Wn. App. 138

STATE of Washington, Respondent, v. Christian Vern WILLIAMS, Appellant.

Court of Appeals of Washington, Division 3.

August 15, 2013.

Attorney(s) appearing for the Case

Kenneth H. Kato , Attorney at Law, Spokane, WA, for Appellant.

Timothy Rasmussen , Stevens County Prosecutor, Colville, WA, for Respondent.

BROWN, J.

¶ 1 Christian Vern Williams appeals the sentencing court's decision to count his prior burglary and robbery convictions separately in calculating his offender score. He contends the court abused its discretion and misapplied the law by relying on the burglary antimerger statute, RCW 9A.52.050, and overlooking the same criminal conduct test, RCW 9.94A.525(5)(a)(i) and .589(1)(a). We hold as a matter of first impression that a current sentencing court...

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