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STATE v. GAINES

No. 50819-9-I.

90 P.3d 1095 (2004)

121 Wash.App. 687

STATE of Washington, Respondent, v. Michael D. GAINES, Appellant.

Court of Appeals of Washington, Division 1.

May 24, 2004.

Attorney(s) appearing for the Case

Jennifer L. Dobson, Nielsen Broman & Koch PLLC, Seattle, WA, for Appellant.

Catherine M. McDowall, King County Deputy Pros. Atty, Seattle, WA, for Respondent.

BECKER, J.

Appellant Gaines, sentenced for a drug offense he committed in 1999, asks why the prosecutor was not required as a matter of equal protection to stipulate to an exceptional sentence below the standard range, as was done for a class of defendants who committed similar crimes in 2002 shortly before a more lenient sentencing law went into effect. We question whether any stipulated exceptional sentence downward may...

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