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IN RE PERSONAL RESTRAINT OF HALL

No. 75800-0.

181 P.3d 799 (2008)

In the Matter of the PERSONAL RESTRAINT OF Ronald A. HALL, Petitioner.

Supreme Court of Washington, En Banc.

April 3, 2008.

Attorney(s) appearing for the Case

Rita Joan Griffith, Attorney at Law, Jeffrey Erwin Ellis, Ellis Holmes & Witchley PLLC, Seattle, WA, for Petitioner.

Gerald Allen Horne, John Michael Sheeran, Attorney at Law, Tacoma, WA, for Respondent.

Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, James Elliot Lobsenz, Carney Badley Spellman, Seattle, WA, for Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.

FAIRHURST, J.

¶ 1 Ronald A. Hall was convicted of assault in the first degree. The sentencing court imposed an exceptional sentence of 366 months, based on its own factual findings that the aggravating circumstances of deliberate cruelty and multiple injuries were present. This court granted Hall's personal restraint petition (PRP) because imposition of the exceptional sentence violated Hall's Apprendi/Blakely1

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