State v. Durrett

Ellington, J.

¶29 (dissenting) — I concur in all aspects of the opinion save one: I respectfully dissent from the remand for resentencing as unnecessary. I adhere to the views expressed in State v. Sloan, 121 Wn. App. 220, 87 P.3d 1214 (2004) and State v. Hagler, 150 Wn. App. 196, 208 P.3d 32 (2009).

Reconsideration denied July 16, 2009.