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STATE v. CAFFEE

Nos. 47512-6-I, 47920-2-I.

68 P.3d 1078 (2002)

STATE of Washington, Respondent, v. Michael Vittorio CAFFEE, Defendant, Shelton Ramsey MUSGRAVE, Appellant, and Jay Stewart, and each of them, Defendant. In the Matter of the Postsentence Review of Shelton Ramsey Musgrave. State of Washington, Appellant, v. Shelton Ramsey Musgrave, Respondent.

Court of Appeals of Washington, Division 1.

As Amended and Publication Ordered in Part April 15, 2003.

Review Denied July 8, 2003.

Attorney(s) appearing for the Case

Jeffrey E. Ellis, Seattle Public Defender, Seattle, WA, for Appellant.

Donna H. Mullen, Attorney General's Office, Olympia, WA, for Petitioner.

Deborah A. Dwyer, King Co. Pros Ofc/Appellate Unit, Seattle, WA, for Respondent, State of Washington.

GROSSE, J.

OPINION

Disparate sentences between codefendants satisfy rational basis analysis of equal protection where one defendant pleads guilty to a lesser crime and cooperates with police, while a second codefendant is convicted at trial of a more serious offense. Thus, the trial court erred in this case when it concluded that there was no rational basis for the differences in the sentences of Shelton Musgrave and Jay Stewart. Musgrave's conviction is...

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