Washington v. Conover (Majority)
Annotate this CaseTimothy Conover was convicted of three counts of delivering heroin within 1,000 feet of a school bus stop. The trial court imposed one 48-month standard-range base sentence on each count, to run concurrently with each other. It also imposed three 24-month school bus stop enhancements and ran them consecutively to Conover's 48-month base sentence and consecutively to each other (the total sentence was 120 months). The issue this case presented for the Supreme Court's review was whether the school bus stop enhancement statute, RCW 9.94A.533(6), required the trial court to run such an enhancement consecutively only to the drug crime sentence it enhances or also required the trial court to run multiple enhancements on different counts consecutively to each other. The Court held that RCW 9.94A.533(6) did not require trial courts to run school bus stop enhancements on different counts consecutively to each other. "[I]nstead, when two or more offenses each carry school bus stop enhancements, the determination of whether those enhancements are to run concurrently or consecutively is also determined by resort to the rules in RCW 9.94A.589(l)(a)." The Court therefore reversed and remanded for resentencing with instructions to use RCW 9.94A.589 to determine whether the multiple 24-month sentence enhancements run concurrently or consecutively with each other.
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