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STATE v. BATISTA

No. 56334-9.

116 Wn.2d 777 (1991)

808 P.2d 1141

THE STATE OF WASHINGTON, Respondent, v. ALFONSO BATISTA, Petitioner.

The Supreme Court of Washington, En Banc.

April 18, 1991.

Attorney(s) appearing for the Case

Alfonso Batista, pro se, Eric J. Nielsen of Washington Appellate Defender Association, and Walter E. Curnutt, for petitioner.

Jeffrey C. Sullivan, Prosecuting Attorney, and John C. Monter, Deputy, for respondent.

Mark W. Muenster on behalf of Washington Association of Criminal Defense Lawyers, amicus curiae for petitioner.

Norm Maleng, Prosecuting Attorney for King County, and Donna L. Wise, Senior Appellate Attorney, amicus curiae for respondent.

BRACHTENBACH, J.

Alfonso Batista was convicted of first degree murder and first degree assault. Batista maintains that the trial court erred in imposing an exceptional sentence, consisting of consecutive sentences for the crimes. The trial court justified the consecutive sentences by relying upon RCW 9.94A.390(2)(f),1 which allows for an exceptional sentence where a presumptive sentence would be clearly too lenient in light of the purposes...

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