[DOWNLOAD] "State V. Nitsch" by Washington Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State V. Nitsch
- Author : Washington Court of Appeals
- Release Date : January 24, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
After a violent assault on his former girlfriend, Anthony Nitsch pleaded guilty to first degree burglary and first degree assault. The parties agreed to the calculation of the standard range, and the court sentenced Nitsch to the high end of the standard range on both counts, to run concurrently. The court also imposed two firearm enhancements, to run consecutive to each other. For the first time on appeal, Nitsch argues his offender score was erroneously calculated because the court failed to determine whether the burglary and assault constituted the same criminal conduct. We hold Nitsch waived review of this issue when he agreed to the calculation of the standard range. And even if Nitsch had preserved the same criminal conduct issue for review, we find no error. We remand for resentencing as to the firearm enhancements, however, because as the State correctly concedes, the enhancements cannot be imposed to run consecutively.