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STATE v. HERZOG

No. 18585-3-I.

48 Wn. App. 831 (1987)

740 P.2d 380

THE STATE OF WASHINGTON, Respondent, v. DENNIS R. HERZOG, Appellant.

The Court of Appeals of Washington, Division One.

August 10, 1987.

Attorney(s) appearing for the Case

Dennis A. Benjamin of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, Deborah J. Phillips, Senior Appellate Attorney, and Stuart D. Heath, Deputy, for respondent.

PER CURIAM:

Dennis Herzog seeks accelerated review of his adult sentence for first degree rape. The State has filed a cross appeal of the same issue. In addition, Herzog subsequently filed a motion to strike the State's response and a motion on the merits. We grant Herzog's motion for accelerated review and reverse and remand for resentencing. Herzog's remaining motions are denied.

Herzog was convicted of first degree rape in King County Superior Court on...

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