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STATE v. HUNLEY

No. 39676-9.

253 P.3d 448 (2011)

STATE of Washington, Respondent, v. Monte W. HUNLEY, Appellant.

Court of Appeals of Washington, Division 2.

As Amended June 2, 2011.

Attorney(s) appearing for the Case

Manek R. Mistry , Jodi R. Backlund , Backlund & Mistry, Olympia, WA, for Appellant.

Gerald R. Fuller , James Garnet Baker , Grays Harbor Co. Pros. Ofc., Montesano, WA, for Respondent.

WORSWICK, A.C.J.

¶ 1 A jury found Monte Hunley guilty of attempting to elude a police vehicle. Hunley appeals, arguing (1) that defense counsel rendered ineffective assistance by failing to request a lesser included offense instruction for reckless driving, and (2) that provisions of the Sentencing Reform Act1 (SRA) unconstitutionally relieve the State of its burden of proof at sentencing. Holding that reckless driving is not a lesser...

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