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STATE v. KINNEY

No. 53093-3-I.

106 P.3d 274 (2005)

125 Wash.App. 778

STATE of Washington, Respondent, v. Naomi KINNEY, Appellant.

Court of Appeals of Washington, Division 1.

February 14, 2005.

Attorney(s) appearing for the Case

David Stuart McEachran, Hilary A. Thomas, Bellingham, WA, for Respondent.

Christopher Gibson, Attorney at Law, Seattle, WA, for Appellant.

Published in Part Opinion

COLEMAN, J.

Naomi Kinney made repeated attempts to kill Timothy Bowman before she succeeded by shooting him. Kinney pleaded guilty to two counts of attempted murder and one count of murder. Pursuant to RCW 9.94A.589(1)(b), the court determined that the attempts, one by poisoning and one by smothering, were "separate and distinct" and accordingly ordered consecutive sentences. Kinney contends this violates Blakely v. Washington...

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