STATE v. PAYNE

No. 8913-1-II.

45 Wn. App. 528 (1986)

726 P.2d 997

THE STATE OF WASHINGTON, Respondent, v. JERRY EUGENE PAYNE, Appellant.

The Court of Appeals of Washington, Division Two.

October 6, 1986.


Attorney(s) appearing for the Case

Gregory Smith and Spencer & Smith, for appellant.

William H. Griffies, Prosecuting Attorney, and Barbara L. Corey-Boulet, Deputy, for respondent.


REED, A.C.J.

Jerry Eugene Payne appeals a 5-year sentence imposed after his guilty plea to second degree assault (RCW 9A.36.020(1)(d)). The standard range for the offense is 3 to 9 months. Payne contends that the sentencing court relied on unsupported and improper findings as a basis to enhance his sentence. We agree that the court's findings are defective and, therefore, reverse and remand to the sentencing court.

At approximately 2 in the morning Payne offered...

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