In State v. Cruz, 139 Wn.2d 186, 985 P.2d 384 (1999) the court determined whether a rape conviction which was previously washed out could figure into the defendant's offender score when a statutory amendment was later adopted stating sex felonies could never wash out. Cruz, 139 Wn.2d at 189. The court held the new statute applied prospectively only and did not revive the defendant's previously washed out conviction. Id. at 193. The court concluded defendant Cruz' criminal history did not include his prior conviction which had washed out, stating that "a conviction for purposes of implementing the [Persistent Offender Act] must also be a conviction that forms part of the defendant's offender score." Id. at 190.