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STATE v. TUITOELAU

No. 28253-1-I.

64 Wn. App. 65 (1992)

822 P.2d 1222

THE STATE OF WASHINGTON, Respondent, v. ALA TUITOELAU, JR., Appellant.

The Court of Appeals of Washington, Division One.

January 27, 1992.

Attorney(s) appearing for the Case

Colleen E. O'Connor of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Donna L. Wise, Senior Appellate Attorney, for respondent.

PEKELIS, J.

Ala Tuitoelau, Jr., appeals his exceptional sentence upward for his conviction for first degree rape. We affirm.

I

Pursuant to Tuitoelau's stipulation, at sentencing the trial court considered the following as the real facts: On the night of September 8, 1990, Sharon J. Hughes was sleeping at home with her five young children. She was awakened from her sleep by the sound of someone on the stairs. When Hughes got up, she saw the shadow...

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