Washington v. Roberts

[76 WashApp Page 291] SCHULTHEIS, J. -- Jeffrey K. Roberts stole a car the night he was released from prison after serving time for two crimes. He was arrested and charged with the new offense. During processing, it was discovered that his sentences for the two earlier crimes, theft and taking a motor vehicle without permission, were based on an incomplete criminal history which did not include two King County convictions. The court resentenced Mr. Roberts on the two earlier offenses, ordering additional terms of confinement. Four days later the court accepted Mr. Roberts' guilty plea on the current theft offense and sentenced him to 17 months, the minimum standard term. Because the court found Mr. Roberts committed the current offense ""while under sentence of felony"", it applied RCW 9.94A.400(2)1 and ordered the sentence to be served after completion of the prior terms. Mr. Roberts contends RCW 9.94A.400(2) does not apply because he had completed his term of confinement for the prior offenses when he committed the new offense and was not then ""under sentence of felony"". We affirm.