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STATE v. ATKINSON

No. 20020-5-III.

54 P.3d 702 (2002)

STATE of Washington, Respondent, v. William Mitchell ATKINSON, Appellant.

Court of Appeals of Washington, Division 3, Panel Six.

September 26, 2002.

Attorney(s) appearing for the Case

Chris Bajalcaliev, Attorney at Law, Spokane, WA, for Appellant.

Michael J. Carbone, Deputy Prosecuting Attorney, Newport, WA, for Respondent.

KURTZ, J.

William Atkinson was convicted for the crime of second degree assault after beating up his live-in girlfriend. The court imposed an exceptional sentence of 10 years. Mr. Atkinson appeals contending the court erred by: (1) employing a definition of "disfigurement" that effectively relieved the State of its burden to prove substantial bodily harm, and (2) imposing an exceptional sentence based upon insufficient facts...

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