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Washington v. Bolar

filed: June 6, 1996.

STATE OF WASHINGTON, RESPONDENT,
v.
MATTHEW F. BOLAR, PETITIONER.



Appeal from Superior Court, King (94-1-07791-7) County; Honorable Dale Ramerman, Judge. Judgment Date: 2-6-95.

Alexander, J., Durham, C.j., Dolliver, Smith, Guy, Johnson, Madsen, Sanders, J.j., Talmadge, J. (concurring by separate opinion), concurring.

Author: Alexander

En Banc

ALEXANDER, J. -- Only one issue is presented by this appeal: did the sentencing superior court judge have authority to group some concurrently served prior felony convictions as one offense and others separately when computing the defendant's offender score? We say no to that question and accordingly reverse the Court of Appeals, remanding for resentencing.

Defendant Matthew Bolar pleaded guilty in King County Superior Court to the crime of residential burglary. At sentencing, it was determined that Bolar's criminal history consisted of six prior felony convictions --

first degree robbery, bail jumping, and four violations of the Uniform Controlled Substances Act (VUCSA). Three of the latter offenses were committed in 1987, and the sentences for those offenses and for the bail jumping conviction were served concurrently. Based on that criminal history and its interpretation of RCW 9.94A.360, the sentencing court concluded that Solar had an offender score of five. It derived the score as follows:

Offense Date of Offense Counted As

Robbery 1 N/A 1

VUCSA 7/6/87 1

VUCSA 7/21/87 1

VUCSA 7/21/87 1

Bail Jumping 1/6/88 1

VUCSA N/A 1

Total Offender Score 5

Although Bolar had contended at sentencing that his offender score was four, on a motion for resentencing he urged the sentencing court to count the four prior convictions for which the sentences were served concurrently as one offense or as separate offenses. This, he urged, would give him an offender score of three, computed as follows:

Offense Date of Offense Counted As

Robbery 1 N/A ...


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