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STATE v. TIERNEY

No. 32113-7-I.

74 Wn. App. 346 (1994)

872 P.2d 1145

THE STATE OF WASHINGTON, Respondent, v. MICHAEL C. TIERNEY, Appellant.

The Court of Appeals of Washington, Division One.

May 23, 1994.

Attorney(s) appearing for the Case

Lise Ellner of Department of Assigned Counsel, for appellant.

Norm Maleng, Prosecuting Attorney, and Craig Peterson and Peter Goldman, Deputies, for respondent.

PEKELIS, A.C.J.

Michael C. Tierney (Tierney) appeals the imposition of a 68-month exceptional sentence for a first degree arson conviction, arguing that: (1) the "real facts" doctrine precludes imposition of an exceptional sentence based on facts that also establish elements of other uncharged crimes; and (2) the aggravating factor of deliberate cruelty cannot be relied on to support an exceptional sentence for first degree arson because it has already been calculated...

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