STATE v. FALLING

No. 18729-5-I.

50 Wn. App. 47 (1987)

747 P.2d 1119

THE STATE OF WASHINGTON, Respondent, v. DOUGLAS W. FALLING, Appellant.

The Court of Appeals of Washington, Division One.

December 21, 1987.


Attorney(s) appearing for the Case

Scott Engelhard of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Daniel L. Kinerk, Deputy, for respondent.


RINGOLD, A.C.J.

The defendant, Douglas W. Falling, pleaded guilty to the crime of rape in the first degree. He was given an exceptional sentence of 120 months, 38 months greater than the longest presumptive sentence. Falling contends that he was denied due process because he had no prior notice that an exceptional sentence was under consideration by the court. He also challenges the sentence as unjustified and clearly excessive.

On July 8, 1985, sometime after...

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