State v. Burns

EDMONDS, S. J.,

concurring in part, and dissenting in part.

I agree with the majority’s analysis and conclusion that the “now or never” nature of defendant’s challenge to his sentences makes this appeal justiciable. However, for the reasons discussed below, I disagree with the majority’s *431analysis and conclusion that defendant’s convictions under Counts 1 and 2 constitute part of a single criminal episode. I would hold that the trial court did not err in imposing sentences that used the conviction on Count 1 as criminal history for purposes of sentencing on Count 2 because the criminal…