STATE v. DUNCALF

No. 86853-1.

300 P.3d 352 (2013)

177 Wn.2d 289

STATE of Washington, Respondent, v. Richard Trevor DUNCALF, Petitioner.

Supreme Court of Washington, En Banc.

Decided May 2, 2013.


Attorney(s) appearing for the Case

Gregory Charles Link , Washington Appellate Project, Seattle, WA, for Petitioner.

Dennis John McCurdy , King County Prosecutor's Office, Seattle, WA, for Respondent.


C. JOHNSON, J.

¶ 1 This case involves a challenge to an exceptional sentence, imposed for a second degree assault conviction, where the jury found that the victim's injuries "substantially exceeded" the harm necessary to satisfy the elements of the offense. Richard Duncalf was tried on charges of first degree assault and, as an alternative, second degree assault. The jury acquitted on the first degree assault but found Duncalf guilty of second degree assault...

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