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STATE v. OSE

No. 76425-5.

124 P.3d 635 (2005)

156 Wash.2d 140

STATE of Washington, Petitioner, v. Shelly Marie OSE, Respondent.

Supreme Court of Washington.

Decided December 15, 2005.

Attorney(s) appearing for the Case

Andrew J. Metts, Spokane County Prosecutor's Office, Spokane, for Petitioner/Appellant.

David N. Gasch, Gasch Law Office, Spokane, for Appellee/Respondent.

En Banc.

OWENS, J.

¶ 1 We are asked to identify the unit of prosecution for the crime of possessing "a stolen access device" in violation of RCW 9A.56.160(1)(c). In addition, we are asked whether respondent Shelly Ose's exceptional sentence violated the Sixth Amendment to the United States Constitution as interpreted in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We find that the legislature unambiguously...

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