Opinion
No. 58257-7-I.
April 23, 2007.
Appeal from a judgment of the Superior Court for King County, No. 05-1-12296-6, Michael Hayden, J., entered May 5, 2006.
Affirmed by unpublished per curiam opinion.
Eugene Farmer appeals the sentence imposed following his convictions for second degree burglary and second degree theft. He contends the State failed to prove beyond a reasonable doubt that he was on community placement at the time of his offenses; therefore, the court erred in including a point in his offender score based on his community placement status. This argument is defeated by the State Supreme Court's recent decision in State v. Jones, 159 Wn.2d 231, 149 P.3d 636 (2006).
Farmer also argues that the State failed to carry its burden of proving the comparability of several out-of-state convictions. Although his trial counsel acquiesced to the inclusion of those convictions in the offender score, and though Farmer himself stipulated that his offender score was at least 9, Farmer contends counsel's acquiescence did not relieve the State of its burden. This contention is contrary to State v. Ross, 152 Wn.2d 220, 95 P.3d 1225 (2004) and State v. Thomas, 135 Wn. App. 474, 488, 144 P.3d 1178 (2006). To the extent Farmer contends Ross should be reexamined in light of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004), his argument must be made to the Supreme Court. Affirmed.