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STATE v. PAPPAS

No. 86859-0.

289 P.3d 634 (2012)

STATE of Washington, Respondent, v. Nicholas Anthony PAPPAS, Petitioner.

Supreme Court of Washington, En Banc.

Decided December 6, 2012.

Attorney(s) appearing for the Case

Thomas Michael Kummerow , Washington Appellate Project, Washington Appellate Project, Attorney at Law, Seattle, WA, for Petitioner.

Seth Aaron Fine , Attorney at Law, Prosecuting Attorney Snohomish, Snohomish County Prosecuting Attorney, Everett, WA, for Respondent.

MADSEN, C.J.

¶ 1 Nicholas Pappas challenges the Court of Appeals' decision affirming an exceptional sentence for vehicular assault based on the severity of the victim's injuries. We hold that our case law and the language of RCW 9.94A.535(3)(y) authorize an exceptional sentence when the jury finds the victim's injuries substantially exceed "substantial bodily harm." Accordingly, we affirm the Court of Appeals.

FACTS AND PROCEDURAL HISTORY

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