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STATE v. RAINES

No. 63303-1-I.

STATE OF WASHINGTON, Respondent, v. QUINTIN DESHAUN RAINES, Appellant.

Court of Appeals of Washington, Division One.

Filed: July 19, 2010.

Attorney(s) appearing for the Case

Counsel for Appellant(s), Washington Appellate Project, Attorney at Law, 1511 Third Avenue, Suite 701, Seattle, WA, 98101.

Maureen Marie Cyr, Washington Appellate Project, 1511 3rd Ave Ste 701, Seattle, WA, 98101-3635.

Counsel for Respondent(s), Island Co Prosecuting Atty, Attorney at Law, 7th & Main Sts, P O Box 5000, Coupeville, WA, 98239-5000.

Eric Michael Ohme, Island Co Pros Office, 101 Ne 6th St, Po Box 5000, Coupeville, WA, 98239-5000.

UNPUBLISHED OPINION

LEACH, A.C.J.

Quintin Deshaun Raines appeals his exceptional sentence for first degree burglary, contending that the trial court's bases for imposing the sentence—the particular vulnerability of the victim and the presence of the victim during the crime—were legally inadequate. The State concedes that the presence of the victim cannot support an exceptional sentence for the crime of first degree burglary, based upon assault...

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