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STATE v. THOMAS

No. 67168-1.

980 P.2d 1275 (1999)

138 Wash.2d 630

STATE of Washington, Respondent, v. Gregory THOMAS, Petitioner.

Supreme Court of Washington, En banc.

Decided July 29, 1999.

Attorney(s) appearing for the Case

James R. Dixon, Seattle, for Petitioner.

Norm Maleng, Prosecuting Attorney, and Ann Foerschler, Deputy, Seattle, for Respondent.

JOHNSON, J.

The question in this appeal is whether felony murder predicated on rape is a "sex offense" as defined under the Sentencing Reform Act of 1981, chapter 9.94A RCW, thereby precluding imposition of an exceptional sentence based on a "sexual motivation" aggravating factor. The Court of Appeals held that felony murder predicated on rape did not fall within the statutory definition of "sex offense" and affirmed the...

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