In re the Personal Restraint of Cruz

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J.M. Johnson, J.

Mr. Gilberto Cruz seeks relief from his judgment and sentence because, he argues, it is facially invalid. After a jury convicted Mr. Cruz of various drug offenses, the superior court sentenced Mr. Cruz to double the low end of the standard range sentence pursuant to its interpretation of RCW 69.50.408. That statute provides that any person convicted of a subsequent controlled substance offense may be imprisoned for “a term up to twice the term otherwise authorized.” RCW 69.50.408(1). Mr. Cruz argues that he was improperly sentenced because RCW 69-.50.408(1) doubles the…