State v. Barberio

After his conviction for third degree rape was reversed in his previous appeal to this court, Anthony Ben Barberio was resentenced for his remaining conviction of second degree rape. The court reimposed the same exceptional sentence of 72 months that had been imposed at the first sentencing. Barberio appeals his resentencing. The State has moved to dismiss the appeal because Barberio did not challenge his exceptional sentence in the previous appeal. We grant the State's motion as to those issues which could have been raised in the first appeal, and deny the motion as to those issues which…