State v. Varga

Pursuant to RAP 4.4, this court transferred the above captioned appeals from Division One of the Court of Appeals to address the question whether in light of this court’s decisions in State v. Cruz, 139 Wn.2d 186, 985 P.2d 384 (1999) and State v. Smith, 144 Wn.2d 665, 30 P.3d 1245, 39 P.3d 294 (2001), the 2002 amendments to RCW 9.94A-.525 and RCW 9.94A.030 of the Sentencing Reform Act of 1981 (SRA) may require sentencing courts to include previously “washed out” convictions when determining defendants’ criminal histories and offender scores for crimes committed after the amendments’ effective…