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STATE v. HARRIS

No. 52548-4-I.

99 P.3d 902 (2004)

STATE of Washington, Respondent, v. Charles Leroy HARRIS, Appellant.

Court of Appeals of Washington, Division 1.

Reconsideration Denied December 8, 2004.

Attorney(s) appearing for the Case

Elaine Winters, Washington Appellate Project, Seattle, WA, for Appellant.

Janice Ellis, Attorney at Law, Everett, WA, for Respondent.

AGID, J.

After convicting Charles Harris of first degree child molestation on stipulated facts, the superior court sua sponte imposed an exceptional sentence above the standard range based on findings it made at sentencing. Harris appealed.

While his appeal was pending, the United States Supreme Court held in Blakely v. Washington1 that facts used to impose a sentence longer than that supported by the verdict alone must...

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