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STATE v. HERNANDEZ

No. 5364-1.

20 Wn. App. 225 (1978)

581 P.2d 157

THE STATE OF WASHINGTON, Respondent, v. ROSALIO HERNANDEZ, Appellant.

The Court of Appeals of Washington, Division One.

May 30, 1978.

Attorney(s) appearing for the Case

Angevine & Johnson and Earl F. Angevine, for appellant.

Patrick R. McMullen, Prosecuting Attorney, and Glenn Reed, Deputy, for respondent.

WILLIAMS, J.

Rosalio Hernandez was convicted of a rape that occurred on September 6, 1975. On September 8, 1975, the statute under which he was charged, convicted, and sentenced (RCW 9.79.010) was repealed and a new rape statute, RCW 9.79.140-.220, took effect. After conviction, Hernandez was sentenced to the Department of Institutions for a term of not less than 5 nor more than 20 years.

The sentencing judge, in deciding not to grant probation, included in...

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