STATE v. MUSGRAVE

No. 53257-0-I.

103 P.3d 214 (2004)

124 Wash.App. 733

STATE of Washington, Respondent, v. Shelton R. MUSGRAVE, Appellant.

Court of Appeals of Washington, Division 1.

December 20, 2004.


Attorney(s) appearing for the Case

Deborah A. Dwyer, King Co. Pros. Office/Appellate Unit, Seattle, for Respondent.

Jeffrey Erwin Ellis, Law Offices of Ellis Holmes & Witchley, Seattle, for Appellant.


AGID, J.

Shelton Musgrave appeals his sentence for first degree murder. He argues that because we declared the applicable sentencing statute unconstitutional in another case, the sentencing court did not have to impose the minimum sentence that statute mandates for first degree murder. But we invalidated only the early release portion of the sentencing statute, holding that it violated article II, section 19 of Washington's Constitution. Because the statute's provision...

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