DocketNumber： 70536-9
Filed Date： 5/27/2014
Status： Non-Precedential
Modified Date： 10/30/2014
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, No. 70536-9-1 Respondent, DIVISION ONE v. o UNPUBLISHED OPINION ALVIN BURNS, 3C -< Appellant. FILED: MAY 2 7 2014 ~f-\ '" > -O fr, Z3C 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: