STATE v. McNEAL

No. 35423-3-II.

175 P.3d 1139 (2008)

STATE of Washington, Respondent, v. John Kevin McNEAL, Appellant.

Court of Appeals of Washington, Division 2.

January 23, 2008.


Attorney(s) appearing for the Case

Peter B. Tiller, The Tiller Law Firm, Centralia, WA, for Appellant.

Lori Ellen Smith, Lewis Co. Prosecuting Atty. Office, Chehalis, WA, for Respondent.


HUNT, J.

¶ 1 John Kevin McNeal appeals his resentencing on remand for vehicular assault, vehicular homicide, and possession of a controlled substance with intent to deliver.1 He argues that the resentencing court erred when it (1) applied RCW 69.50.408, which allowed it "to double"2 the statutory maximum for his drug offense; (2) concluded that Blakely v. Washington, 542 U.S. 296...

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