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STATE v. SALTZ

No. 24617-5-III.

154 P.3d 282 (2007)

STATE of Washington, Respondent, v. Gardner SALTZ, Appellant.

Court of Appeals of Washington, Division 3.

March 15, 2007.

Attorney(s) appearing for the Case

Terry Jay Bloor, Benton County Prosecutor's Office, Kennewick, WA, for Respondent.

Susan Marie Gasch, Gasch Law Office, Spokane, WA, for Appellant.

SCHULTHEIS, A.C.J.

¶ 1 Gardner Saltz received an exceptional sentence for second degree malicious mischief. On appeal, he claims that one of the court's aggravating factors—that prior unscored misdemeanors resulted in a presumptive sentence that was clearly too lenient— violated Blakely1 and Hughes2 principles. And he asserts that the exceptional sentence cannot be upheld on...

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