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STATE v. MULLIGAN

No. 33265-1-I.

941 P.2d 694 (1997)

87 Wash.App. 261

The STATE of Washington, Respondent, v. Bruce D. MULLIGAN, Appellant.

Court of Appeals of Washington, Division 1,

August 11, 1997.

Attorney(s) appearing for the Case

Richard Tassano, David Donnan, Washington Appellate Project, Suzanne Lee Elliott, Seattle, for Appellant.

David S. McEachran, Whatcom County Prosecuting Attorney, Laura D. Hayes, Bellingham, for Respondent.

KENNEDY, Acting Chief Judge.

Bruce Mulligan appeals his conviction of one count of first degree murder, contending, inter alia, that the trial court erred in basing the imposition of his exceptional sentence on the impact of the crime on the victim's young children. Although we affirm Mulligan's conviction, we agree that the impact of the murder on the victim's children, who were not present at the time of the crime, was not a legally sufficient basis for the...

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