Legal Opinion

Matter of Personal Restraint of Sietz

Washington Supreme Court

Decided September 15, 1994No. 59846-1; 61060-6PublishedCited by 51 opinions

1Opinion of the CourtGuy, J.

Petitioners Robert Sietz and Marvin Buchmann filed personal restraint petitions to contest their offender score calculations under the Sentencing Reform Act of 1981 (SRA). Both Sietz and Buchmann assert their sentencing judge improperly calculated their offender score, and thus their standard range sentence, by counting judicially ordered concurrent sentences as separate offenses, contrary to RCW 9.94A.360(6)(c). We agree and remand for resentencing.

Facts

Robert Sietz

Robert Sietz entered a plea of guilty to second degree theft in 1981. Sietz received a deferred sentence for a period of 3 years…

2Cases cited4 opinions

  1. United States v. GrandersonSupreme Court of the United States · 1994
  2. State v. RobertsWashington Supreme Court · 1991
  3. State v. ChavezCourt of Appeals of Washington · 1988
  4. State v. AllynCourt of Appeals of Washington · 1991

3Cited by51 opinions

  1. In re the Personal Restraint of GoodwinWashington Supreme Court · 2002
  2. State v. KellerWashington Supreme Court · 2001
  3. State v. LewisWashington Supreme Court · 1998
  4. In the Matter of CharlesWashington Supreme Court · 1998
  5. In re the Personal Restraint of JohnsonWashington Supreme Court · 1997

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