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STATE v. SWEAT

No. 88663-6.

322 P.3d 1213 (2014)

180 Wn.2d 156

The STATE of Washington, Respondent, v. Richard Dede SWEAT, Petitioner.

Supreme Court of Washington, En Banc.

April 3, 2014.

Attorney(s) appearing for the Case

Oliver Ross Davis , Washington Appellate Project, Seattle, WA, for Petitioner.

Jeffrey C. Dernbach , King County Courthouse, Prosecuting Atty King County, King Co Pros/App Unit Supervisor, James Morrissey Whisman , King County Prosecutor's Office, Seattle, WA, for Respondent.

GONZÁLEZ, J.

¶ 1 Under RCW 9.94A.535(3)(h)(i), a court may impose an exceptional sentence for someone who has exhibited an ongoing pattern of domestic violence. Richard Sweat received such a sentence as part of his latest domestic violence conviction. He believes the trial court erred and argues that the catchall definition of "victim" in RCW 9.94A.030 must be used in interpreting RCW 9.94A.535(3)(h)(i), precluding the application of the aggravating factor...

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