Legal Opinion

State v. Draxinger

Court of Appeals of Washington

Decided December 23, 2008No. 36952-4-IIPublishedCited by 3 opinions

1Opinion of the CourtQuinn-Brintnall, J.

¶1 Richard K. Draxinger appeals the sentence imposed for his Mason County conviction of felony driving while under the influence (DUI). He contends that the trial court incorrectly calculated his offender score because it included four prior DUI convictions that had been used to raise his current DUI to a felony. He also contends that the offender scoring statute, RCW 9.94A-.525(2)(e), is ambiguous and, thus, under the rule of lenity, must be interpreted in his favor. We find no merit in either argument and affirm.1

FACTS

¶2 The State charged Draxinger with two counts of felony DUI. The crimes…

2Cases cited15 opinions

  1. State v. ThorneWashington Supreme Court · 1996
  2. State v. SmithWashington Supreme Court · 1980
  3. Wichert v. CardwellWashington Supreme Court · 1991
  4. State v. HenningsWashington Supreme Court · 1996
  5. State v. HenningsWashington Supreme Court · 1996

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3Cited by3 opinions

  1. State v. MoralesCourt of Appeals of Washington · 2012
  2. State v. DraxingerCourt of Appeals of Washington · 2008
  3. State v. DraxingerCourt of Appeals of Washington · 2009

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