STATE v. KILGORE

No. 81020-6.

216 P.3d 393 (2009)

STATE of Washington, Respondent, v. Mark Patrick KILGORE, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 24, 2009.


Attorney(s) appearing for the Case

James Robert Dixon, Dixon & Cannon, Ltd., Seattle, WA, for Petitioner.

Kathleen Proctor, Pierce County Prosecutor's Office, Tacoma, WA, for Respondent.


FAIRHURST, J.

¶ 1 A jury convicted Mark Patrick Kilgore of three counts of rape of a child and four counts of child molestation. The trial court imposed an exceptional sentence of 560 months for each count to be served concurrently. Two counts were reversed on appeal and the remaining five counts affirmed. The case was remanded for retrial, but the State elected not to retry the two reversed counts. After the mandate was issued terminating direct review of Kilgore...

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