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STATE v. GAINES

No. 59468-6.

122 Wn.2d 502 (1993)

859 P.2d 36

THE STATE OF WASHINGTON, Petitioner, v. MICHAEL DESHON GAINES, Respondent.

The Supreme Court of Washington, En Banc.

October 7, 1993.

Attorney(s) appearing for the Case

Norm Maleng, Prosecuting Attorney, Theresa Fricke, Senior Prosecuting Attorney, and Peter Goldman, Deputy, for petitioner.

Helen A. Anderson of Washington Appellate Defender Association, for respondent.

Robert C. Boruchowitz and Richard B. Cowan on behalf of Washington Defender Association, amicus curiae for respondent.

GUY, J.

The King County Prosecutor seeks reversal of a Court of Appeals decision upholding Michael Gaines's exceptional sentence below the standard range for delivery of cocaine. We remand for resentencing.

I

FACTS

On February 12, 1990, Seattle Police Department Officer M. Alphin made contact with Gaines while working undercover narcotics detail. Alphin asked Gaines if he had a "twenty", a street...

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