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STATE v. BERRIER

No. 35470-5-II.

178 P.3d 1064 (2008)

STATE of Washington, Respondent, v. Timothy James BERRIER, Appellant.

Court of Appeals of Washington, Division 2.

March 18, 2008.

Attorney(s) appearing for the Case

James Smith, Cowlitz County Hall of Justice, Kelso, WA, for Respondent.

Lisa Elizabeth Tabbut, Attorney at Law, Longview, WA, for Appellant.

PART PUBLISHED OPINION

VAN DEREN, A.C.J.

¶ 1 Timothy Berrier appeals his exceptional sentence for felony harassment based on the aggravating factors of deliberate cruelty, lack of remorse, and retaliation against a criminal justice official. He contends that the State's separate notice of intent to seek an exceptional sentence was insufficient because both due process and former RCW 9.94A.537 (2005) require...

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