State Of Washington v. Alvin Ray Burns, Jr.

Opinion

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STATE OF WASHINGTON, No. 70536-9-1 Respondent, DIVISION ONE v. o UNPUBLISHED OPINION ALVIN BURNS, 3C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 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: