State v. Tuitoelau

Ala Tuitoelau, Jr., appeals his exceptional sentence upward for his conviction for first degree rape. We affirm.

I

Pursuant to Tuitoelau's stipulation, at sentencing the trial court considered the following as the real facts: On the night of September 8, 1990, Sharon J. Hughes was sleeping at home with her five young children. She was awakened from her sleep by the sound of someone on the stairs. When Hughes got up, she saw the shadow of a man whom she recognized as Tuitoelau.

Tuitoelau called out for Hughes' boyfriend, who lived with Hughes, but who was not then present in the house. Hughes and…