State v. Ross

These defendants principally assert that the State’s failure to prove at sentencing that their prior out-of-state and/or federal convictions were comparable to Washington State felony crimes, and thus properly included in their offender scores, constitutes legal error. They contend that pursuant to our decision in In re Personal Restraint of Goodwin, 146 Wn.2d 861, 50 P.3d 618 (2002), they cannot waive a challenge to a sentence based on a miscalculated offender score. Division One and Division Two of the Court of Appeals denied their appeals holding that the sentencing courts properly…