State v. Roby

Noel Roby and Todd Baker separately appeal their convictions of attempted possession of a controlled substance: cocaine, RCW 69.50.401(d), .407; their cases are consolidated for purposes of this opinion. Although the criminal acts underlying the convictions occurred separately, their legal contentions are identical. They contend their convictions under RCW 69.50.407, a class C felony, instead of under RCW 9A.28.020(3)(d), a gross misdemeanor, deprived them of a 75 percent reduction in their sentences, under RCW 9.94A-.310(2). They also contend there was insufficient evidence to support their…