State v. Welty

Raymond Welty was determined by the sentencing judge to be a first time offender (former RCW 9.94A.030(12); RCW 9.94A.120(5)) after he pleaded guilty to five nonviolent felony charges alleged in two informations. Accordingly, the sentence imposed was below the range set by the Sentencing Reform Act of 1981 for the same crimes committed by a defendant with a prior felony conviction. The State filed an appeal, contending that Welty was not a first time offender, because he was sentenced on multiple felony convictions. The sentence in question is not appealable. RCW 9.94A.210(1). However,…