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STATE v. ERMELS

No. 52656-1-I.

104 P.3d 67 (2005)

STATE of Washington, Respondent, v. Joshua James ERMELS, Appellant.

Court of Appeals of Washington, Division 1.

January 10, 2005.

Attorney(s) appearing for the Case

Oliver Ross Davis, Attorney at Law, Seattle, WA, for Appellant.

Nelson Kuo Hua Lee, Brian Martin McDonald, Prosecuting Attorney, Seattle, WA, for Respondent.

BECKER, J.

A trial judge gave appellant Joshua Ermels an exceptional sentence pursuant to a plea agreement in which Ermels waived his right to appeal "the basis for and propriety of the imposition of an exceptional sentence upward".1 He now contends his sentence was unlawful under Blakely v. Washington2 because the facts supporting it were not proved to a jury beyond a reasonable doubt.

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