State concedes inclusion of Colorado conviction but argues the error was harmless

During argument, the State conceded that a Colorado conviction was mistakenly included in the offender score but said the error was harmless in context of the sentence imposed. Colin Hayes told the court that even if the prior conviction did not score, the sentencing court could consider the prior conduct under real-facts reasoning when imposing a standard-range sentence.

Hayes cited state precedents (Kilgore, Fleming) that treat a reduced score as harmless where the standard range sentence would be unchanged; he distinguished other decisions (Grapesma, McCorkle) that he said were not controlling on the facts here. The court heard questions about whether the sentencing narrative's reference to the Colorado conviction mattered to the sentencing outcome.