State Of Washington, Respondent V. Alvin Ray Burns, Jr., Appellant

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UNPUBLISHED OPINION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,