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STATE v. MANN

No. 26436-0-III.

189 P.3d 843 (2008)

STATE of Washington, Appellant, v. Frank Patrick MANN, Respondent.

Court of Appeals of Washington, Division 3.

August 7, 2008.

Attorney(s) appearing for the Case

Mark Erik Lindsey, Spokane County Prosecuting Attorneys, Spokane, WA, for Appellant.

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

KULIK, J.

¶ 1 A jury convicted Frank Patrick Mann of one count of first degree child molestation and three counts of first degree child rape. On resentencing, the trial court determined that it lacked authority to impanel a jury to consider an aggravating factor. The State challenges the trial court's decision. Mr. Mann responds that the 2007 legislation following State v. Pillatos1

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