State v. Chenoweth

¶ 1 This case involves whether the crimes of rape of a child and incest based on a single act are, as a matter of law, considered the “same criminal conduct” under the Sentencing Reform Act of 1981, chapter 9.94A RCW, for purposes of RCW 9.94A.589(1)(a) when determining an offender score to determine a standard sentencing range. The Court of Appeals, in affirming the trial court, held that rape of a child and incest are not the same criminal conduct for purposes of sentencing. We affirm the Court of Appeals.

*220Facts and Procedural History

¶2 Chad Chenoweth was convicted of six counts of third…