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STATE v. BARBERIO

No. 27791-0-I.

66 Wn. App. 902 (1992)

833 P.2d 459

THE STATE OF WASHINGTON, Respondent, v. ANTHONY BEN BARBERIO, Appellant.

The Court of Appeals of Washington, Division One.

August 10, 1992.

Attorney(s) appearing for the Case

Michael P. Iaria and Nance, Iaria & Gombiner, for appellant.

Norm Maleng, Prosecuting Attorney, and Brenda Bannon, Deputy, for respondent.

KENNEDY, J.

After his conviction for third degree rape was reversed in his previous appeal to this court, Anthony Ben Barberio was resentenced for his remaining conviction of second degree rape. The court reimposed the same exceptional sentence of 72 months that had been imposed at the first sentencing. Barberio appeals his resentencing. The State has moved to dismiss the appeal because Barberio did not challenge his exceptional sentence in the previous appeal. We...

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