State v. Falling

Ringold, A.C.J.

The defendant, Douglas W. Falling, pleaded guilty to the crime of rape in the first degree. He was given an exceptional sentence of 120 months, 38 months greater than the longest presumptive sentence. Falling contends that he was denied due process because he had no prior notice that an exceptional sentence was under consideration by the court. He also challenges the sentence as unjustified and clearly excessive.

On July 8, 1985, sometime after 11 p.m., Falling broke into the victim's apartment while she was asleep in her bedroom. Falling forced her to engage in vaginal and oral…