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STATE v. SMITH

No. 59743-0.

123 Wn.2d 51 (1993)

864 P.2d 1371

THE STATE OF WASHINGTON, Respondent, v. PHILLIP ARTHUR SMITH, Petitioner.

The Supreme Court of Washington, En Banc.

December 30, 1993.

Attorney(s) appearing for the Case

Andrew P. Zinner of Washington Appellate Defender Association, for petitioner.

Norm Maleng, Prosecuting Attorney, and Michael J. Lang, Deputy, for respondent.

DURHAM, J.

Petitioner Phillip Arthur Smith raises several challenges to the exceptional sentences he received for three burglary convictions. We affirm imposition of the exceptional sentences, but remand for reconsideration of sentence duration.

After a jury trial, Smith was convicted on three counts of second degree burglary for stealing items from three apartments in the early morning hours of April 7, 1990. During...

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