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STATE v. SIERS

No. 63697-9-I.

244 P.3d 15 (2010)

STATE of Washington, Respondent, v. Brian LeRoy SIERS, Appellant.

Court of Appeals of Washington, Division 1.

November 29, 2010.

Attorney(s) appearing for the Case

Thomas Michael Kummerow , Washington Appellate Project, Seattle, WA, for Appellant.

Brian Martin McDonald , King County Prosecuting Attorney, Seattle, WA, for Respondent.

BECKER, J.

¶ 1 After State v. Powell,1 the State must include in the information any aggravating factor it intends to prove for purposes of seeking an exceptional sentence above the standard range. The question in this case is: what remedy is available to a defendant when the State presents an uncharged aggravator to the jury—is it merely to strike the exceptional sentence if one is imposed? Or must the aggravating factor...

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