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STATE v. PALMER

No. 41209-4-I.

975 P.2d 1038 (1999)

95 Wash.App. 187

STATE of Washington, Respondent, v. Kelia PALMER, Appellant.

Court of Appeals of Washington, Division 1.

April 19, 1999.

Attorney(s) appearing for the Case

James R. Dixon, Nielsen Broman & Assoc. Pllc, Neal J. Philip, Attorney At Law, Nielsen Broman & Associates Pllc, Seattle, for Appellant.

Kristin J. Chandler, King Co. Pros. Atty. Office, King County Prosecutor/Appellate Unit, Seattle, for Respondent.

BAKER, J.

Kelia Palmer was convicted of two counts of second degree rape. On appeal, he challenges his sentence, arguing that the two crimes qualify as the same criminal conduct for purposes of RCW 9.94A.400(1)(a). Following State v. Walden,1 we agree, and remand for resentencing.

I

Palmer was scheduled to visit his children at his ex-wife's (K.P.'s) house from 5:30 to 8:30 in the evening. When Palmer did not show...

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