Hamilton, J.
This is an application for a writ of habeas corpus. On February 27, 1962, the State filed an information charging petitioner, William D. Jansen, with the crime of robbery (count 1) and first-degree murder committed in the course of the robbery (count 2). On May 10, 1962, a jury convicted petitioner of both crimes. The jury also entered special verdicts finding petitioner armed with a deadly weapon at the time of the commission of either offense and rejecting the death penalty as punishment for the count 2 conviction. The trial court sentenced petitioner to prison for a maximum term of 35 years on count 1 and not more than his natural life on count 2. The court ordered these sentences to run consecutively.
On September 7, 1962, respondent, Board of Prison Terms and Paroles (hereafter Board), set a minimum term of 35 years for count 1. In 1966, the Board imposed a 7%-year waivable mandatory minimum sentence for count 1, because petitioner was armed with a deadly weapon at the time of the commission of the robbery and had a prior felony conviction.1
On September 19, 1967, the Board ordered petitioner paroled from count 1 to count 2, effective September 14, 1967. Petitioner is now serving his sentence for the count 2 conviction in the Washington State Penitentiary. The petitioner will not be eligible for parole until January 13, 1981, 13 years, 4 months after he began serving his life sentence.2 [260]*260If petitioner served the sentence for count 2 before the sentence for count 1, he would now be eligible for parole, as 13 years, 4 months have elapsed since his arrest and incarceration in February 1962.3
At the time petitioner was convicted and sentenced, RCW 9.92.0804 provided:
Whenever a person shall be convicted of two or more offenses before sentence has been pronounced for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction shall commence at the termination of the first or other prior term or terms of imprisonment to which he is sentenced; and whenever a person while under sentence of felony shall commit another felony and be sentenced to another term of imprisonment, such latter term shall not begin until the expiration of all prior terms: Provided that whenever a person is convicted of two or more offenses set forth as separate counts in one indictment or information the court may, in pronouncing sentence, provide that sentences therefor shall run concurrently.
Laws of 1925,1st Ex. Sess., ch. 109, § 2, p. 168.
It was pursuant to this statute and the sequence of the counts in the information and judgment and sentence that [261]*261the Board determined that petitioner’s confinement upon the first-degree murder conviction (count 2) should not commence to run until petitioner had served his waivable mandatory minimum term on the robbery conviction (count 1).
Petitioner first contends that the provisions of the statute and the action of the Board pursuant thereto deny him equal protection of the laws contrary to the equal protection clause of the fourteenth amendment to the United States Constitution. In this respect he asserts that persons charged with identical crimes may be subject to different punishments and parole eligibility, and that there exists no rational basis for such a distinction.
We find no merit in this contention. The statute expressly invests the trial judge with the ultimate authority to determine whether the sentences arising out of a multiple count indictment or information shall run concurrently or consecutively. Statutes which define one crime classification, i.e., a felony or a misdemeanor, and permit only a variation in punishment do not violate the equal protection clause. State v. Blanchey, 75 Wn.2d 926, 939, 454 P.2d 841 (1969); State v. Boggs, 57 Wn.2d 484, 358 P.2d 124 (1961). In State v. Blanchey, supra at 939-40, we stated:
This distinction between discretion in choosing the degree of the charge and discretion in fixing the sentence may seem pointless and can result in petty disputes over language. See Olsen v. Delmore, supra [48 Wn.2d 545, 295 P.2d 324 (1956)]. However, it results from a meeting of our two goals of treating all men equally in the guilt determination process while retaining some flexibility and individualized treatment at the punishment stage.
Each individual defendant presents a different factual context for the sentencing judge to review. The culpability of one defendant and his prior criminal involvement differ from the next defendant. These differences furnish a rational basis for varying the sentence and resultant punishment that each defendant receives. State v. Hurst, 5 Wn. App. 146, 486 P.2d 1136 (1971). Therefore, a statute which vests the trial judge with discretion in determining [262]*262whether multiple count sentences shall run concurrently or consecutively does not violate the equal protection clause of the Fourteenth Amendment.
Petitioner, pointing principally to Olsen v. Delmore, 48 Wn.2d 545, 295 P.2d 324 (1956), next contends that RCW 9.92.080, in fixing the sequence in which sentences arising out of multiple count convictions are to be served, denies him equal protection of the laws because it invests .the prosecuting attorney with discretion in selecting the order of the counts in a multiple count information or indictment. This is so, petitioner argues, because, where mandatory minimum terms of imprisonment are concerned, the prosecuting attorney can discriminate between various defendants and their prospective punishments by arranging the order of the counts in the information or indictment. Again, we disagree with petitioner for the primary reason that the decision as to the manner in which multiple sentences are to be served, i.e., concurrently or consecutively, is left with the trial judge, not with the prosecuting attorney. Olsen v. Delmore, supra, is distinguishable inasmuch as such dealt with statutes which permitted charging either a misdemeanor or felony for an identical offense.
Petitioner next claims that the mandatory minimum penalties imposed pursuant to RCW 9.95.040(2) and RCW 9.95.115 should begin to run concurrently from the beginning of his confinement and not consecutively with the corresponding court-imposed maximum sentences. Thus, petitioner claims that he is eligible for parole because he has served 20 years less good time, which fulfills the mandatory minimums on both the robbery and first-degree murder convictions.
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Hamilton, J.
This is an application for a writ of habeas corpus. On February 27, 1962, the State filed an information charging petitioner, William D. Jansen, with the crime of robbery (count 1) and first-degree murder committed in the course of the robbery (count 2). On May 10, 1962, a jury convicted petitioner of both crimes. The jury also entered special verdicts finding petitioner armed with a deadly weapon at the time of the commission of either offense and rejecting the death penalty as punishment for the count 2 conviction. The trial court sentenced petitioner to prison for a maximum term of 35 years on count 1 and not more than his natural life on count 2. The court ordered these sentences to run consecutively.
On September 7, 1962, respondent, Board of Prison Terms and Paroles (hereafter Board), set a minimum term of 35 years for count 1. In 1966, the Board imposed a 7%-year waivable mandatory minimum sentence for count 1, because petitioner was armed with a deadly weapon at the time of the commission of the robbery and had a prior felony conviction.1
On September 19, 1967, the Board ordered petitioner paroled from count 1 to count 2, effective September 14, 1967. Petitioner is now serving his sentence for the count 2 conviction in the Washington State Penitentiary. The petitioner will not be eligible for parole until January 13, 1981, 13 years, 4 months after he began serving his life sentence.2 [260]*260If petitioner served the sentence for count 2 before the sentence for count 1, he would now be eligible for parole, as 13 years, 4 months have elapsed since his arrest and incarceration in February 1962.3
At the time petitioner was convicted and sentenced, RCW 9.92.0804 provided:
Whenever a person shall be convicted of two or more offenses before sentence has been pronounced for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction shall commence at the termination of the first or other prior term or terms of imprisonment to which he is sentenced; and whenever a person while under sentence of felony shall commit another felony and be sentenced to another term of imprisonment, such latter term shall not begin until the expiration of all prior terms: Provided that whenever a person is convicted of two or more offenses set forth as separate counts in one indictment or information the court may, in pronouncing sentence, provide that sentences therefor shall run concurrently.
Laws of 1925,1st Ex. Sess., ch. 109, § 2, p. 168.
It was pursuant to this statute and the sequence of the counts in the information and judgment and sentence that [261]*261the Board determined that petitioner’s confinement upon the first-degree murder conviction (count 2) should not commence to run until petitioner had served his waivable mandatory minimum term on the robbery conviction (count 1).
Petitioner first contends that the provisions of the statute and the action of the Board pursuant thereto deny him equal protection of the laws contrary to the equal protection clause of the fourteenth amendment to the United States Constitution. In this respect he asserts that persons charged with identical crimes may be subject to different punishments and parole eligibility, and that there exists no rational basis for such a distinction.
We find no merit in this contention. The statute expressly invests the trial judge with the ultimate authority to determine whether the sentences arising out of a multiple count indictment or information shall run concurrently or consecutively. Statutes which define one crime classification, i.e., a felony or a misdemeanor, and permit only a variation in punishment do not violate the equal protection clause. State v. Blanchey, 75 Wn.2d 926, 939, 454 P.2d 841 (1969); State v. Boggs, 57 Wn.2d 484, 358 P.2d 124 (1961). In State v. Blanchey, supra at 939-40, we stated:
This distinction between discretion in choosing the degree of the charge and discretion in fixing the sentence may seem pointless and can result in petty disputes over language. See Olsen v. Delmore, supra [48 Wn.2d 545, 295 P.2d 324 (1956)]. However, it results from a meeting of our two goals of treating all men equally in the guilt determination process while retaining some flexibility and individualized treatment at the punishment stage.
Each individual defendant presents a different factual context for the sentencing judge to review. The culpability of one defendant and his prior criminal involvement differ from the next defendant. These differences furnish a rational basis for varying the sentence and resultant punishment that each defendant receives. State v. Hurst, 5 Wn. App. 146, 486 P.2d 1136 (1971). Therefore, a statute which vests the trial judge with discretion in determining [262]*262whether multiple count sentences shall run concurrently or consecutively does not violate the equal protection clause of the Fourteenth Amendment.
Petitioner, pointing principally to Olsen v. Delmore, 48 Wn.2d 545, 295 P.2d 324 (1956), next contends that RCW 9.92.080, in fixing the sequence in which sentences arising out of multiple count convictions are to be served, denies him equal protection of the laws because it invests .the prosecuting attorney with discretion in selecting the order of the counts in a multiple count information or indictment. This is so, petitioner argues, because, where mandatory minimum terms of imprisonment are concerned, the prosecuting attorney can discriminate between various defendants and their prospective punishments by arranging the order of the counts in the information or indictment. Again, we disagree with petitioner for the primary reason that the decision as to the manner in which multiple sentences are to be served, i.e., concurrently or consecutively, is left with the trial judge, not with the prosecuting attorney. Olsen v. Delmore, supra, is distinguishable inasmuch as such dealt with statutes which permitted charging either a misdemeanor or felony for an identical offense.
Petitioner next claims that the mandatory minimum penalties imposed pursuant to RCW 9.95.040(2) and RCW 9.95.115 should begin to run concurrently from the beginning of his confinement and not consecutively with the corresponding court-imposed maximum sentences. Thus, petitioner claims that he is eligible for parole because he has served 20 years less good time, which fulfills the mandatory minimums on both the robbery and first-degree murder convictions. Petitioner cites RCW 9.95.115 and asserts that this provision provides that if a person is confined for 20 years less one-third good time, then the Board may consider the person for parole. The language of RCW 9.95.115 does not support this position. This provision merely concerns the parole of a person sentenced “under a mandatory life sentence.” It does not control a situation, such as this case, where the trial judge sentenced a person [263]*263to serve consecutively two maximum sentences incidental to which were mandatory minimum penalties.
An analysis of the total legislative sentencing scheme produces a result that the mandatory penalty is simply an incident of the maximum sentence for a particular crime, and it attaches to and governs the minimum term set by the Board. In Washington, certain statutes and the sentencing judge set the maximum number of years of a defendant’s potential confinement. The Board sets a defendant’s minimum term of confinement and determines when a defendant is paroled. In certain circumstances, the legislature enhanced the penalty for certain crimes by requiring a mandatory minimum term. The mandatory minimum represents a portion of the punishment that the legislature prescribed for the particular offense. Therefore, if multiple sentences may run consecutively, RCW 9.92.080, then a mandatory minimum, incorporated as part of each sentence, also may run consecutively. We perceive nothing in the statutory scheme or in equal protection principles which would permit or require the Board to follow a course different than it pursued here.
Petitioner finally contends that the Board improperly imposed a mandatory minimum sentence upon him for the robbery conviction. Before the Board may impose a “deadly weapon” mandatory minimum on petitioner, there must be a factual finding that petitioner was armed with a deadly weapon at the time of the commission of the crime involved. The special finding in the instant case concluded that petitioner was “armed with a deadly weapon at the time of the commission of either offense . . .” and petitioner contends that this special finding fails to meet the statutory requirements. Any doubt in a special verdict may be removed by referring to the record. See State v. Tugas, 37 Wn.2d 236, 247-48, 222 P.2d 817 (1950). The record clearly indicates that petitioner was armed with' a deadly weapon at the time of the commission of the robbery.
[264]*264The petition is denied.
Stafford, C.J., and Rosellini, Hunter, Wright, and Brachtenbach, JJ., concur.