State v. Whitaker

Defendant Jeffrey Whitaker seeks review of a Court of Appeals decision upholding the trial court's imposition of a minimum sentence under the Sentencing Reform Act of 1981 (SRA) (RCW 9.94A). Defendant asserts the trial court incorrectly figured his offender score by including, as a prior conviction, a conviction which occurred during the probationary period.

Whitaker was found guilty of negligent homicide on December 16, 1981. Instead of imposing sentence, the trial judge placed Whitaker on probation and gave him a deferred sentence. The probation was conditioned on 6 months in jail among…