context: Because the record is devoid of the underlying facts upon which Roche's California robbery conviction was based, it is impossible to determine how it would be classified in Washington. Therefore, the conviction must be removed from the calculation of Roche's criminal history unless, on remand, the State can establish that it would constitute a class A felony under Washington law.
citation_a.signal: see also
citation_a.parenthetical: the State must establish the defendant's criminal history by a preponderance of the evidence
citation_a.sentence: See State v. Cabrera, 73 Wn. App. 165, 169, 868 P.2d 179 (1994) (holding that where the defendant challenges the use of documents purporting to establish the Washington classification of an out-of-state conviction, the State must present additional evidence of the proper classification so as to carry its burden of proving the defendant’s criminal history by a preponderance of the evidence); see also State v. Herzog, 48 Wn. App. 831, 834, 740 P.2d 380 (1987) (the State must establish the defendant’s criminal history by a preponderance of the evidence), aff’d, 112 Wn.2d 419, 771 P.2d 739 (1989); RCW 9.94A.110.
citation_b.signal: see
citation_b.identifier: 73 Wn. App. 165, 169
citation_b.parenthetical: holding that where the defendant challenges the use of documents purporting to establish the Washington classification of an out-of-state conviction, the State must present additional evidence of the proper classification so as to carry its burden of proving the defendant's criminal history by a preponderance of the evidence
citation_b.sentence: See State v. Cabrera, 73 Wn. App. 165, 169, 868 P.2d 179 (1994) (holding that where the defendant challenges the use of documents purporting to establish the Washington classification of an out-of-state conviction, the State must present additional evidence of the proper classification so as to carry its burden of proving the defendant’s criminal history by a preponderance of the evidence); see also State v. Herzog, 48 Wn. App. 831, 834, 740 P.2d 380 (1987) (the State must establish the defendant’s criminal history by a preponderance of the evidence), aff’d, 112 Wn.2d 419, 771 P.2d 739 (1989); RCW 9.94A.110.