70536-9•State Of Washington, Respondent V. Alvin Ray Burns, Jr., Appellant
State Of Washington, Respondent V. Alvin Ray Burns, Jr., Appellant
70536-9WashctappMay 27, 2014
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, Respondent, v. ALVIN BURNS, Appellant. No. 70536-9-1 DIVISION ONE UNPUBLISHED OPINION FILED: MAY 2 7 2014 Per Curiam. Alvin Burns appeals the sentence imposed following his ^ conviction for possession of cocaine with intent to deliver. He contends the trials court erroneously included a washed out conviction in his offender score. Specifically, he contends the five-year washout period for his 2004 class C felony expired before his next conviction in 2010. But the State correctly points out, and Burns does not dispute, that the 2004 conviction for conspiracy to deliver cocaine is actually a class B felony, not a class C felony. RCW 69.50.407; State v. Mendoza, 63 Wn. App. 373, 377-78, 819 P.2d 387 (1991). Therefore, the applicable washout period is ten years, RCW 9.94A.525(2)(b), and the 2004 offense does not wash out. Affirmed. For The Court: 3C -< Z3C o ~f-\ ' " > -O fr,
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