STATE v. FRANKLIN

No. 9377-8-III.

56 Wn. App. 915 (1989)

786 P.2d 795

THE STATE OF WASHINGTON, Respondent, v. JOHN CLARENCE FRANKLIN, Appellant.

The Court of Appeals of Washington, Division Three.

October 24, 1989.


Attorney(s) appearing for the Case

Paul James Burns, for appellant (appointed counsel for appeal).

Donald C. Brockett, Prosecuting Attorney, and Clark Colwell, Deputy, for respondent.


GREEN, J.

John Clarence Franklin was convicted of attempted first degree murder and first degree robbery. He was given an exceptional sentence to which he assigns error, contending (1) the sentence is unjustified because deliberate cruelty inheres in the premeditation element of first degree murder; and (2) the deliberate cruelty standard in the Sentencing Reform Act of 1981 (SRA) is vague and therefore violative of the Eighth Amendment. We affirm.

The unchallenged...

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