In RE McNUTT v. Delmore

The petitioner is an inmate of the penitentiary at Walla Walla. On May 16, 1950, he entered a plea of guilty in King county to an information for petit larceny. Subsequently, but before sentence had been pronounced, he was adjudicated to be an habitual criminal by reason of having been convicted in Oregon of the crime of knowingly uttering and publishing a false and forged bank check, which is a felony in the state of Washington.

RCW 9.92.090 [cf. Rem. Rev. Stat., § 2286] provides that the penalty for such an habitual criminal as the petitioner, shall be “imprisonment in the state penitentiary…