State v. Villegas

Pekelis, A.C.J.

The State of Washington appeals Guadalupe Villegas' sentence contending that the sentencing court erroneously failed to include a federal felony conviction with no comparable Washington offense in the calculation of the offender score. We affirm.

Villegas pleaded guilty to a violation of the Uniform Controlled Substances Act (VUCSA) (RCW 69.50). At the sentencing hearing, the parties disputed whether Villegas' federal felony conviction for reentry of a deported alien should be included in the calculation of the offender score under RCW 9.94A.360(3).

The sentencing court declined…