In re the Personal Restraint of Nichols

— William Joseph Nichols seeks relief from personal restraint imposed for his 2001 Spokane County conviction upon plea of guilty to two counts of delivery of a controlled substance — marijuana. The question is whether incarceration for misdemeanor convictions interrupts the class C felony wash-out provision of former RCW 9.94A.360 (2) (1990) for offenders who spent five consecutive years in the community without being convicted of any felonies. We answer “no,” vacate the judgment, and remand Mr. Nichols’s case for resentencing to exclude three previously washed-out class C felony convictions…