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STATE v. ELZA

No. 19705-7-II.

941 P.2d 728 (1997)

87 Wash.App. 336

The STATE of Washington, Respondent, v. John Allen ELZA, Appellant.

Court of Appeals of Washington, Division 2.

August 15, 1997.

Attorney(s) appearing for the Case

Thomas Edward Doyle and Robert M. Quillian, Olympia (court appointed), for Appellant.

Barbara L. Corey-Boulet, Pierce County Deputy Pros. Atty., Tacoma, for Respondent.

HOUGHTON, Chief Judge.

John Allen Elza appeals from his conviction of first degree robbery and exceptional sentence of 252 months, arguing that he was denied his constitutional right to a jury trial, that there was insufficient evidence to convict, and that the trial court erred in ordering an exceptional sentence. We affirm the conviction, vacate the exceptional sentence and remand for resentencing.

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