STATE v. TESTER

No. 57532-9-II.

STATE OF WASHINGTON, Respondent, v. MICHAEL JOHN TESTER, JR., Appellant.

Court of Appeals of Washington, Division II.

April 9, 2024.


Attorney(s) appearing for the Case

Washington Appellate Project, 1511 Third Avenue, Suite 610, Seattle, WA, 98101.

Richard Wayne Lechich , Washington Appellate Project, 1511 3rd Ave Ste 610, Seattle, WA, 98101-1683, Counsel for Appellant(s).

Cowlitz County Prosecuting Attorney — Appellate Division, 312 Sw First Avenue, Kelso, WA, 98626.

Anthony Charles Carlow , Cowlitz County Prosecutor's Office, 312 Sw 1st Ave Rm 105, Kelso, WA, 98626-1799, Counsel for Respondent(s).


OPINION

Michael Tester appeals his third degree theft and residential burglary convictions and his sentence.

When Tester was sentenced, his offender score included juvenile adjudications. At the time, former RCW 9.94A.525(1) (2021) contained no provision precluding prior juvenile adjudications from being counted when...

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