State v. Ervin

205 P.3d 170 (2009)

STATE of Washington, Respondent,

v.

James L. ERVIN, Appellant.

No. 60474-1-I.

Court of Appeals of Washington, Division 1.

April 13, 2009.

Daniel Kalish, Prosecuting Atty. King County, Seattle, WA, for Respondent.

Maureen Marie Cyr, Washington Appellate Project, Attorney at Law, Seattle, WA, for Appellant.

GROSSE, J.

¶ 1 A defendant incarcerated for violating his misdemeanor probation is not considered "in the community" for purposes of the wash out provisions of the Sentencing Reform Act of 1981(SRA), chapter 9.94A RCW. Here, the defendant violated probation during the five-year…