Washington Supreme Court May 19, 2005, Nos. 75280-0; 75309-1 (In re the Personal Restraint of Huy Khac Tran)

¶1 The question presented is whether the Washington State Department of Corrections (DOC) may require an inmate to serve the first five years of a sentence for first degree assault as “flat time” under former RCW 9.94A. 120(4) (1998 & 2000)1 where the judgment and sentence includes only a conviction for first degree assault with a firearm or other deadly weapon enhancement. Former RCW 9.94A.