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STATE v. ERMELS

No. 76665-7.

131 P.3d 299 (2006)

156 Wash.2d 528

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

Supreme Court of Washington, En Banc.

Decided March 16, 2006.

Attorney(s) appearing for the Case

Oliver Ross Davis, Washington Appellate Project, Seattle, for Petitioner.

Nelson Kuo Hua Lee, Brian Martin McDonald, King County Prosecutor's Office, Seattle, for Respondent.

BRIDGE, J.

¶ 1 Joshua James Ermels pleaded guilty to manslaughter in the second degree after he stomped on the head of an unconscious victim and the man later died. As part of his plea agreement, Ermels stipulated to facts supporting an exceptional sentence based on victim vulnerability, and he stipulated that there was a legal basis for an exceptional sentence. He also specifically waived his right to appeal the basis for and propriety of an exceptional sentence...

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