STATE v. AMELINE

No. 27995-9-II.

75 P.3d 589 (2003)

118 Wash.App. 128

STATE of Washington, Respondent, v. William Henry AMELINE, Appellant.

Court of Appeals of Washington, Division 2.

August 26, 2003.


Attorney(s) appearing for the Case

Clayton Richard Dickinson, Attorney at Law, Fircrest, WA, for Appellant.

Kathleen Proctor, Deputy Pros. Atty., Pierce County Prosecuting Atty Ofc, Tacoma, WA, for Respondent.


MORGAN, J.

William Henry Ameline has had three trials and three sentencings before the same judge. His first two sentences were within the standard range, but the third was exceptional. He now claims that the third sentence was (1) vindictive and (2) barred by collateral estoppel. We reverse and remand for resentencing.

On May 18, 1993, Ameline was convicted of second degree murder. The ensuing presentence report recommended an exceptional sentence of 240...

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