STATE v. ROMANO

No. 5658-5-II.

34 Wn. App. 567 (1983)

662 P.2d 406

THE STATE OF WASHINGTON, Respondent, v. JOSEPH L. ROMANO, Appellant.

The Court of Appeals of Washington, Division Two.

April 27, 1983.


Attorney(s) appearing for the Case

Peter Mair, for appellant.

Don Herron, Prosecuting Attorney, and Michael R. Johnson, Deputy, for respondent.


PETRICH, C.J.

Defendant, Joseph L. Romano, appeals from the imposition of the maximum sentence on two counts of first degree theft on the ground that the sentencing judge's ex parte communications violated his due process rights by creating an appearance of unfairness. We agree and reverse and remand for resentencing.

On October 13, 1980, defendant entered a guilty plea to each of two counts of first degree theft. The theft involved more than $318,000 given...

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