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STATE v. MORETTI

No. 95263-9, No. 95510-7, No. 96061-5.

446 P.3d 609 (2019)

STATE of Washington, Respondent, v. Anthony Allen MORETTI, Petitioner. State of Washington, Respondent, v. Hung Van Nguyen, Petitioner. State of Washington, Respondent, v. Frederick Del Orr, Petitioner.

Supreme Court of Washington.

Filed August 15, 2019.

Attorney(s) appearing for the Case

Susan Marie Gasch , Gasch Law Office, P.O. Box 30339, Spokane, WA 99223-3005, Maureen Marie Cyr , Washington Appellate Project, 1511 3rd Avenue, Suite 610, Seattle, WA 98101-3647, Kathryn A. Russell Selk , Russell Selk Law Office, 1037 NE 65th Street, Seattle, WA 98115-6655, for Petitioners.

Erin Christine Riley , Attorney at Law, 102 W. Broadway Avenue Room 102, Montesano, WA 98563-3621, Larry D. Steinmetz , County Prosecuting Attorney's Office, 1100 W. Mallon Avenue, Spokane, WA 99260-2043, Donna Lynn Wise , King County Prosecutor's Office, 516 3rd Avenue, Suite W554, Seattle, WA 98104-2362, for Respondents.

Ulrike Buschbacher Connelly , Lindsay Jeanne McAleer , Michelle Leigh Maley , Perkins Coie LLP, 1201 3rd Avenue, Suite 4900, Seattle, WA 98101-3099, Nancy Lynn Talner , Antoinette M. Davis , Attorney at Law, 901 5th Avenue, Suite 630, Seattle, WA 98164-2086, for Amicus Curiae (American Civil Liberties Union of Washington).

Jessica Levin , Seattle University School of Law, 901 12th Avenue, Korematsu Center For Law & Equality, Seattle, WA 98122-4411, for Amicus Curiae (Fred T. Korematsu Center for Law and Equality).

Kimberly Noel Gordon , Law Offices of Gordon & Saunders PLLC, 1000 2nd Avenue, Suite 3140, Seattle, WA 98104, Marsha I. Levick , Juvenile Law Center, 1315 Walnut Street, 4th Floor, Philadelphia, PA 19107, for Amicus Curiae (Washington Association of Criminal Defense Lawyers, Washington Defenders Association).

¶1 Under the Persistent Offender Accountability Act (POAA), the third time a person is convicted of a "most serious offense," they must be sentenced to life in prison without the possibility of parole. RCW 9.94A.030(38)(a), .570. This statute is colloquially known as the "three strikes and you're

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