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STATE v. TALLEY

No. 37257-2-I.

923 P.2d 721 (1996)

83 Wn.App. 750

The STATE of Washington, Respondent, v. Ronald TALLEY, Appellant.

Court of Appeals of Washington, Division 1.

Reconsideration Denied November 22, 1996.

Attorney(s) appearing for the Case

James Robert Dixon, Seattle, for Appellant.

Erin Riles, King County Pros. Atty., Seattle, for Respondent.

AGID, Judge.

Under the Sentencing Reform Act, a court cannot rely on facts that have not been acknowledged or admitted by the defendant or proved at trial in imposing an exceptional sentence unless the State can prove them by a preponderance of the evidence. Ronald Talley challenges his exceptional sentence for third degree rape, contending the court considered disputed facts without holding an evidentiary hearing. We agree...

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