STATE v. POWERS

No. 13041-0-III.

78 Wn. App. 264 (1995)

896 P.2d 754

THE STATE OF WASHINGTON, Appellant, v. DWAYNE LEE POWERS, Respondent.

The Court of Appeals of Washington, Division Three.

June 27, 1995.


Attorney(s) appearing for the Case

James R. Reierson, Deputy Prosecuting Attorney, for appellant.

Richard G. Wernette, McAdams, Ponti & Wernette, for respondent.


SCHULTHEIS, J.

After Dwayne Powers pleaded guilty to two counts of delivery of cocaine, the court imposed an exceptional sentence below the standard range: 12 months on each count instead of 36 to 48 months. The State seeks reversal, contending the exceptional sentence is both unjustified and clearly too lenient. We remand.

On February 23, 1990, and again on February 24, Mr. Powers sold cocaine to an undercover police officer. On August 7, 1990, he was charged...

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