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STATE v. HUTSELL

No. 58579-2.

120 Wn.2d 913 (1993)

845 P.2d 1325

THE STATE OF WASHINGTON, Appellant, v. ALLEN DOUGLAS HUTSELL, Respondent.

The Supreme Court of Washington, En Banc.

February 25, 1993.

Attorney(s) appearing for the Case

Donald C. Brockett, Prosecuting Attorney, and Kevin M. Korsmo, Deputy, for appellant.

Michael C. Beegle, for respondent.

DOLLIVER, J.

The State of Washington challenges the trial court's use of respondent/defendant Allen Hutsell's cocaine dependence as a mitigating factor in setting an exceptional sentence below the standard range. We granted review pursuant to RAP 4.2(a) and now reverse.

In July 1991, Hutsell pleaded guilty to one count of forgery. The prosecutor agreed to dismiss a second count of forgery and to make no sentence...

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