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IN RE McCOY

Nos. 2911-3; 2912-3.

22 Wn. App. 7 (1978)

587 P.2d 199

In the Matter of the Personal Restraint of HENRY BERNARD McCOY, Petitioner. In the Matter of the Personal Restraint of WAYNE ROBERT SMITH, Petitioner.

The Court of Appeals of Washington, Division Three.

November 28, 1978.

Attorney(s) appearing for the Case

Dan Stormer and Wayne Lieb of Institutional Legal Services, for petitioners.

Slade Gorton, Attorney General, Nate Mannakee, Assistant, Donald C. Brockett, Prosecuting Attorney, and William T. Gissberg, Deputy, for respondent.

MUNSON, C.J.

By personal restraint petitions, Wayne Robert Smith and Henry Bernard McCoy both seek resentencing on Spokane County convictions of second-degree burglary.1

At the time of his plea of guilty and sentencing on the burglary charge, Mr. Smith was under sentence and on parole from a grand larceny conviction. He was sentenced to imprisonment for 15 years on the burglary charge, "The said sentence to run CONCURRENTLY with...

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