State v. Lewis

Defendant challenges the sentence he received under the Sentencing Reform Act of 1981 (SRA), RCW 9.94A. He sold marijuana on three occasions to a police informant and attempted delivery on a fourth occasion. He asserts the trial court erred in considering the four counts of criminal conduct charged by the prosecutor in determining his offender score. He argues that the deliveries and attempted delivery constituted only one act of criminal conduct. We hold that the prosecutor acted within his discretion in charging all four criminal counts and that there was no error by the trial court as well…