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STATE v. JACOB

No. 42914-4-II.

308 P.3d 800 (2013)

176 Wn. App. 351

STATE of Washington, Respondent, v. Terry L. JACOB, Appellant.

Court of Appeals of Washington, Division 2.

August 27, 2013.

Attorney(s) appearing for the Case

Oliver Ross Davis , Washington Appellate Project, Seattle, WA, for Appellant.

Timothy J. Higgs , Mason Co. Pros. Atty. Office, Shelton, WA, for Respondent.

HUNT, P.J.

¶ 1 Terry L. Jacob appeals his jury conviction and sentence for felony driving while under the influence (DUI), former RCW 46.61.502(6) (2011). He argues that the trial court (1) miscalculated his offender score under RCW 9.94A.525(2)(e); (2) wrongly imposed the statutory maximum confinement term plus a community custody term; and (3) wrongly excluded testimony that he had used an asthma inhaler on the day of his arrest. The State asserts that the...

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