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STATE v. TITIALII

Nos. 30187-3-II, 30191-1-II, 30284-5-II, 30314-1-II.

114 P.3d 696 (2005)

STATE of Washington, Respondent, v. Todd Taiulu TITIALII; Campbell Vainuu Alefaio; Fred Aso Titialii; Alaivaa Tauese, Jr., Appellants. and Puni Vainuu Alefaio, Defendant.

Court of Appeals of Washington, Division 2.

June 21, 2005.

Attorney(s) appearing for the Case

Rebecca Wold Bouchey, Attorney at Law, Mercer Island, WA, Pattie Mhoon, Attorney at Law, Fife, WA, Rita Joan Griffith, Attorney at Law, Seattle, WA, Mary Katherine Young High, Attorney at Law, Tacoma, WA, for Appellants.

Kathleen Proctor, Pierce County Prosecuting Atty Office, Tacoma, WA, John Martin Neeb, Attorney at Law, Tacoma, WA, for Respondent.

PART PUBLISHED OPINION

ARMSTRONG, J.

¶ 1 Campbell Alefaio, Alaivaa "Junior" Tauese, and Fred and Todd Titialii moved for accelerated review of their exceptional sentences for conspiracy to commit perjury and first degree perjury. We vacate the exceptional sentences, holding that under recent United States and Washington Supreme Court authority, all the reasons the trial court gave for imposing exceptional sentences must be found by a jury. We remand...

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