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STATE v. SCHIMELPFENIG

No. 31012-1-II.

115 P.3d 338 (2005)

STATE of Washington, Respondent, v. David Ellis SCHIMELPFENIG, Appellant.

Court of Appeals of Washington, Division Two.

June 29, 2005.

Attorney(s) appearing for the Case

Gerald R. Fuller, Harold S. Menefee, Grays Harbor Co. Pros. Office, Montesano, WA, for Respondent.

Suzanne Lee Elliott, Attorney at Law, Seattle, WA, for Appellant.

PART PUBLISHED OPINION

QUINN-BRINTNALL, C.J.

¶ 1 David Schimelpfenig appeals a banishment order imposed following his conviction for first degree murder.1 The order prohibits Schimelpfenig from residing in Grays Harbor County for the remainder of his life so as to protect the mental well-being of the murdered victim's family. We vacate the order because it is not sufficiently tailored and therefore impermissibly infringes...

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