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STATE v. BENEFIEL

No. 20360-3-III.

46 P.3d 808 (2002)

111 Wash.App. 789

STATE of Washington, Respondent, v. Brian Lee BENEFIEL, Appellant.

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

Publication Ordered May 16, 2002.

Attorney(s) appearing for the Case

Janet G. Gemberling, Spokane, for Appellant.

Kevin M. Korsmo, Andrew J. Metts, III, Spokane, for Respondent.

SWEENEY, J.

The real facts doctrine prohibits trial courts from imposing a sentence based on facts that compose the elements of an additional, unproven crime, or facts that would elevate the degree of the charged crime. State v. Wakefield, 130 Wn.2d 464, 475-76, 925 P.2d 183 (1996). Here, Brian Benefiel was convicted of second degree assault after striking Brandon Smith in the face with a...

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