State v. Graciano

¶1 We have been asked to resolve conflicting authority on which standard of review applies to a sentencing court’s determination of “same criminal conduct” under RCW 9.94A.589(l)(a). The Court of Appeals, Division Two, reviewed this determination de novo, adopting the reasoning of Division Three in State v. Torngren, 147 Wn. App. 556, 196 P.3d 742 (2008). The court in Torngren acknowledged a long line of precedent stating the proper standard is abuse of discretion but held that a de novo standard “seem[s] more appropriate.” Id. at 562. We disagree. Today, we reaffirm that determinations of…