STATE v. STUBBS

No. 81650-6.

240 P.3d 143 (2010)

STATE of Washington, Respondent, v. Troy Dean STUBBS, Petitioner.

Supreme Court of Washington, En Banc.

Decided October 7, 2010.


Attorney(s) appearing for the Case

David N. Gasch , Gasch Law Office, Spokane, WA, Susan F. Wilk , Washington Appellate Project, Seattle, WA, for Petitioner.

Antonio Demetrious Koures , Pend Oreille County Prosecutor's Office, Newport, WA, for Respondent.

David Allen , Allen Hansen & Maybrown, P.S., Seattle, WA, amicus counsel for Washington Association of Criminal Defense Lawyers.

Pamela Beth Loginsky , WAPA, Olympia, WA, Brian Martin McDonald , King County Prosecutor's Office, Seattle, WA, amicus counsel for Washington Association of Prosecuting Attorneys.


ALEXANDER, J.

¶ 1 We granted Troy Dean Stubbs's petition to review a decision of the Court of Appeals in which that court affirmed an exceptional sentence that the trial court imposed on Stubbs for first degree assault. In sentencing Stubbs, the trial court relied on a jury finding that the "victim's injuries substantially exceed the level of bodily harm necessary to satisfy the elements of the offense." Clerk's Papers (CP) at 90. One of the elements, as set...

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