STATE v. McNALLIE

No. 60782-6.

123 Wn.2d 585 (1994)

870 P.2d 295

THE STATE OF WASHINGTON, Respondent, v. LLOYD HOWARD McNALLIE, Appellant.

The Supreme Court of Washington, En Banc.

March 17, 1994.


Attorney(s) appearing for the Case

Suzanne Lee Elliott of Washington Appellate Defender Association, for appellant.

David S. McEachran, Prosecuting Attorney, and MacDuffie Setter, Chief Criminal Deputy, for respondent.


DURHAM, J.

Appellant Lloyd McNallie challenges the trial court's use of a finding of non-amenability to treatment to enhance his sentence. McNallie contends that the finding of non-amenability rested solely on his refusal to admit his guilt to a mental health evaluator because of the pendency of his appeal. We accepted certification of this appeal from the Court of Appeals to answer the following question:

Does...

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