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IN RE BERCIER

No. 31622-0-III.

313 P.3d 491 (2013)

In re Post-Sentence Review of Gabriel Lee BERCIER, Respondent, State of Washington, Respondent, v. Department of Corrections, Petitioner.

Court of Appeals of Washington, Division 3.

November 26, 2013.

Attorney(s) appearing for the Case

Ronda Denise Larson , Assistant Attorney General-Corrections D, Olympia, WA, for Petitioner.

Janet G. Gemberling , Janet Gemberling PS, Spokane, WA, Gabriel Eliud Acosta , Attorney at Law, James Lyle Nagle , Office of the Pros. Attorney, Walla Walla, WA, for Respondent.

BROWN, J.

¶ 1 The Department of Corrections petitions under RCW 9.94A.585(7) for review of an amended order revoking Gabriel Lee Bercier's residential treatment-based DOSA1 sentence and imposing a standard range prison sentence without credit for community custody time served. Because RCW 9.94A.660(7)(d)'s plain language provides credit for "any time previously served under this section,...

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