Legal Opinion

State v. Callihan

Court of Appeals of Washington

Decided March 16, 2004No. 21396-0-IIIPublished

1Opinion of the CourtBrown, C.J.

— If two crimes constitute the same criminal conduct under former RCW 9.94A.400(l)(a) (2000) (recodified as RCW 9.94A.589(l)(a)), do the sentence enhancements for each run concurrently? Here, Tony Callihan contends the superior court erred when it ordered him to serve the sentence enhancements on his two assault convictions consecutively, even though they involved the same criminal conduct. We affirm.

FACTS

On December 25, 2001, Tony Callihan was involved in a fight with another man at a party. He fired a gun during an argument with the victim, then left the residence. The victim followed him…

2Cases cited5 opinions

  1. State v. LewisWashington Supreme Court · 1998
  2. In the Matter of CharlesWashington Supreme Court · 1998
  3. Washington Public Ports Ass'n v. Department of RevenueWashington Supreme Court · 2003
  4. State v. TarabochiaWashington Supreme Court · 2003
  5. State v. TarabochiaWashington Supreme Court · 2003

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