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STATE v. FRIEDERICH-TIBBETS

No. 60713-3.

123 Wn.2d 250 (1994)

866 P.2d 1257

THE STATE OF WASHINGTON, Petitioner, v. BRIAN L. FRIEDERICH-TIBBETS, Respondent.

The Supreme Court of Washington, En Banc.

February 10, 1994.

Attorney(s) appearing for the Case

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

Neal J. Philip of Washington Appellate Defender Association, for respondent.

PER CURIAM:

Upon conviction of possession of cocaine with intent to deliver, the trial court imposed a standard range sentence. The defendant appealed seeking an exceptional sentence below the standard range. The Court of Appeals reversed and remanded for consideration of an exceptional sentence below the standard range. The State seeks review, contending there was no lawful basis for imposing such a sentence. We grant review and reverse the Court of Appeals.

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