State v. Mutch

Richard Mutch appeals his life sentence under RCW 9.94A.120, Washington’s persistent offender statute, contending that the trial court erred when it concluded that he was subject to that statute based on his two out-of-state convictions. He also appeals from his conviction for second degree rape and second degree kidnapping alleging various errors at trial. We hold that the trial court applied the correct test and properly determined that Mutch’s foreign convictions are equivalent to most serious offenses in Washington. Finding no reversible trial error, we affirm.

FACTS

In January 1994, Mutch…