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STATE v. MOON

No. 31799-1-II.

122 P.3d 192 (2005)

STATE of Washington, Respondent, v. Timothy MOON, Appellant.

Court of Appeals of Washington, Division 2.

November 1, 2005.

Attorney(s) appearing for the Case

Rita Joan Griffith, Attorney at Law, Seattle, WA, for Appellant.

Todd Andrew Campbell, Pierce Co. Pros. Attorneys Office, Tacoma, WA, for Respondent.

HUNT, J.

¶ 1 Timothy Moon appeals his stipulated, exceptional sentence for residential burglary, imposed following his plea bargain with the State. He argues that his sentence is invalid under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Holding that Blakely neither applies nor justifies an extension of the appeal period, we dismiss Moon's untimely appeal.

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