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IN RE POSTSENTENCE REVIEW OF LEACH

No. 79432-4.

163 P.3d 782 (2007)

In the Matter of the POSTSENTENCE REVIEW OF Yulanda LEACH, Respondent.

Supreme Court of Washington, En Banc.

Decided August 2, 2007.

Attorney(s) appearing for the Case

Ronda Denise Larson, Gregory Joseph Rosen, Atty. Generals Office/CJ Division, Jay Douglas Geck, Office of the Attorney General, Olympia, WA, for Petitioner.

Mark Thomas Quigley, Pierce Cnty. Dept. of Assigned Counsel, Dione Joy Ludlow, Pierce County Prosecutors Office, Michelle Luna-Green, Pierce Co. Pros. Attorney, Tacoma, WA, for Respondent.

SANDERS, J.

¶ 1 We must decide whether a court can sentence an offender to community custody for attempted second degree assault of a child. Yulanda Leach was sentenced to about two years in prison and between 9 and 18 months community custody for attempting to assault her 12-year-old son. The Department of Corrections claims Leach cannot be placed on community custody because the statute authorizing community custody refers to "any crime against persons" and...

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