State v. Lessley

Defendant Dallas Lessley challenges a Court of Appeals decision affirming the calculation of his offender score and sentence. He argues two of his offenses encompassed the same criminal conduct, and should therefore have been treated as one crime at sentencing. Additionally, Lessley asks this court to address the interaction between the burglary antimerger statute and the "[s]ame criminal conduct" provision of the Sentencing Reform Act of 1981 (SRA) (RCW 9.94A.400(1)(a)). Lessley contends once multiple counts have been found to encompass the same criminal conduct, a trial court cannot, by…