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STATE v. DONEY

No. 81269-1.

198 P.3d 483 (2008)

STATE of Washington, Respondent, v. Robert DONEY, Jr., Petitioner.

Supreme Court of Washington, En Banc.

December 11, 2008.

Attorney(s) appearing for the Case

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

Steven J. Tucker, Attorney at Law, Mark Erik Lindsey, Spokane County Prosecuting Attorneys, Spokane, WA, for Respondent.

PER CURIAM.

¶ 1 Robert Doney pleaded guilty to first degree murder. The trial court subsequently empanelled a jury to determine whether there were aggravating circumstances supporting the imposition of an exceptional sentence. The jury found the existence of aggravating circumstances, and the court imposed an exceptional sentence. The Court of Appeals affirmed the sentence. It held that, though the trial court had no authority to empanel a sentencing jury when...

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