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STATE v. GARIBAY

No. 10635-7-III.

67 Wn. App. 773 (1992)

841 P.2d 49

THE STATE OF WASHINGTON, Respondent, v. FRANCISCO GUADALUPE GARIBAY, Appellant.

The Court of Appeals of Washington, Division Three.

November 24, 1992.

Attorney(s) appearing for the Case

Thomas Bothwell and Prediletto, Halpin, Sharnikow & Bothwell, P.S., for appellant.

Jeffrey C. Sullivan, Prosecuting Attorney, and Patricia D. Powers, Deputy, for respondent.

SHIELDS, C.J.

Francisco Guadalupe Garibay was charged with one count of first degree rape of a child, RCW 9A.44.073. He was convicted and sentenced to an exceptional sentence of 180 months. He appeals, contending the court erred (1) in failing to sentence him within 40 days of his conviction and (2) in imposing an exceptional sentence. We affirm the conviction and the exceptional sentence, but remand for reconsideration...

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