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STATE v. HERZOG

No. 55873-6.

112 Wn.2d 419 (1989)

771 P.2d 739

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

The Supreme Court of Washington, En Banc.

April 27, 1989.

Attorney(s) appearing for the Case

Dennis Benjamin of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Peter Goldman and Donna L. Wise, Deputies, for respondent.

PEARSON, J.

Upon sentencing the defendant for first degree rape, the trial court considered the facts underlying a previous, constitutionally invalid, foreign conviction to sentence the defendant to the maximum sentence within the standard range. This case is before this court following certification of the following issue by the Court of Appeals, Division One, pursuant to RCW 2.06.030(d):

Did the trial court err in considering facts alleged in a foreign...

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