State v. Duncalf
Washington Supreme Court
1Opinion of the CourtC. Johnson, J.
¶1 This case involves a challenge to an exceptional sentence, imposed for a second degree assault conviction, where the jury found that the victim’s injuries “substantially exceeded” the harm necessary to satisfy the elements of the offense. Richard Duncalf was tried on charges of first degree assault and, as an alternative, second degree assault. The jury acquitted on the first degree assault but found Duncalf guilty of second degree assault. The jury also was instructed on an aggravating factor and found that the victim’s injuries “substantially exceeded” the harm necessary to satisfy…
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