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GARDNER v. SMITH

No. 42519.

81 Wn.2d 365 (1972)

502 P.2d 333

KENT ARNIE GARDNER, Petitioner, v. SYDNEY SMITH et al., Respondents.

The Supreme Court of Washington, Department One.

October 26, 1972.

Attorney(s) appearing for the Case

J.P. Tonkoff (of Tonkoff, Dauber & Shaw), for petitioner.

Slade Gorton, Attorney General, and Stephen G. Jamieson, Assistant, for respondents.

FINLEY, J.

Petitioner was convicted in Yakima County Superior Court of indecent and obscene exposure of his person to a female child under 15 years of age, in violation of RCW 9.79.080(2). He was sentenced to 20 years in the state penitentiary. The Board of Prison Terms and Paroles fixed his minimum term at 3 1/2 years.

[1] In his application for writ of habeas corpus, petitioner contends that this sentence constitutes a violation of equal protection...

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