Opinion
No. 51589-6-I.
Filed: February 9, 2004. UNPUBLISHED OPINION
Appeal from Superior Court of King County. Docket No: 02-1-04647-5. Judgment or order under review. Date filed: 12/04/2002.
Counsel for Appellant(s), Washington Appellate Project, Attorney at Law, Cobb Building, 1305 4th Avenue, Ste 802, Seattle, WA 98101.
Counsel for Respondent(s), Prosecuting Atty King County, King County Prosecutor/appellate Unit, 1850 Key Tower, 700 Fifth Avenue, Seattle, WA 98104.
Deric Martin, King County Prosecuting Atty, King County Courthouse #w554, Seattle, WA 98104-5058.
Roosevelt Scott challenges the calculation of his offender score, arguing that his two juvenile convictions for robbery in the first degree washed out because he was over 23 when he committed his current offense. But these were class A felonies committed when Scott was 17, so they were properly included in his offender score. We affirm.
Scott was found guilty by a jury of robbery in the first degree and attempting to elude a pursuing police vehicle. The sentencing court agreed with the calculations of both the prosecution and the defense that Scott's offender score on the robbery was 8; the score was 6 for the eluding. Included in the calculation were convictions for forgery and two counts of possession of stolen property committed when Scott was an adult, as well as the two juvenile robbery convictions. In his presentence memorandum, defense counsel advised the court that the information available concerning Scott's criminal history was unclear and thus the State needed to provide certified copies of any convictions it wished to rely upon. These certified copies were produced at Scott's sentencing and, after having reviewed the certified copies, defense counsel agreed with the State's calculation of Scott's offender score.
They are not included in the record in this court, however.
Scott contends the 1991 juvenile robbery convictions should not have been included in the offender score because the current offense was committed after Scott turned 23. He argues that the 1997 amendments to RCW 9.94A.030 and RCW 9.94A.360 cannot be retroactively applied. State v. Smith, 144 Wn.2d 665, 673-74, 30 P.3d 1245 (2001). But Scott was convicted as a juvenile of two class A offenses. Under the law in effect in 1991, class A offenses committed by a juvenile after the age of 15 were always included in the calculation of an adult offender score, regardless of the defendant's age. Former RCW 9.94A.030(12)(b), .360(4) (1986). Since Scott was 17 at the time these offenses were committed, they will never wash out. Thus, they were properly included in the calculation of his offender score.
Scott also argues that his counsel was ineffective because he failed to argue that the juvenile robbery convictions had washed out. As there was no basis for such an argument, counsel's performance was not deficient.
Affirmed.
COLEMAN and AGID, JJ., concur.