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STATE v. CAYENNE

No. 80499-I.

195 P.3d 521 (2008)

STATE of Washington, Petitioner, v. Gerald CAYENNE, Respondent.

Supreme Court of Washington, En Banc.

Decided November 13, 2008.

Attorney(s) appearing for the Case

Pamela Beth Loginsky, Washington Association of Prosecuting Attorney, Olympia, WA, Harold S. Menefee, Grays Harbor Co. Prosecutor's Office, Attorney at Law, Montesano, WA, for Petitioner.

David L. Donnan, Gregory Charles Link, Washington Appellate Project, Seattle, WA, for Respondent.

Jay Douglas Geck, Office of the Attorney General, Olympia, WA, Amicus Curiae on behalf of Attorney General of the State of Washington.

C. JOHNSON, J.

¶ 1 This case involves a challenge to a sentencing condition imposed on a Native American tribal member convicted for off-reservation, illegal fishing. The fishing involved the use of a gillnet, and the sentencing judge ordered the defendant not to own any gillnet. The Court of Appeals partially vacated the condition, holding the sentencing court had no authority to restrict a tribal member's rights while on the reservation. We reverse.

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