State v. Grayson

125 P.3d 169 (2005)

130 Wash.App. 782

STATE of Washington, Respondent,

v.

John GRAYSON, Appellant.

No. 51517-9-I.

Court of Appeals of Washington, Division One.

December 19, 2005.

Jason Brett Saunders, Washington Appellate Project, Attorney at Law, Seattle, WA, for Appellant.

Melinda B. Miller, Craig D. Chambers, Attorney at Law, Hilary A. Thomas, Whatcom County Prosecutors Office, Bellingham, WA, for Respondent.

PUBLISHED IN PART

BECKER, J.

¶ 1 At issue in this appeal is a sentencing statute, RCW 9.94A.589(3). We hold the statute requires the sentencing court to make an "either-or" choice. The sentence…