State Of Washington v. Alvin Ray Burns, Jr. ( 2014 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
No. 70536-9-1
Respondent,
DIVISION ONE
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UNPUBLISHED OPINION
ALVIN BURNS, 3C
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Appellant. FILED: MAY 2 7 2014 ~f-\ '"
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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 Bfelony, not a class C felony. RCW 69.50.407; State v.
Mendoza, 63 Wash. 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: