State v. Tierney

Pekelis, A.C.J.

Michael C. Tierney (Tierney) appeals the imposition of a 68-month exceptional sentence for a first degree arson conviction, arguing that: (1) the "real facts” doctrine precludes imposition of an exceptional sentence based on facts that also establish elements of other uncharged crimes; and (2) the aggravating factor of deliberate cruelty cannot be relied on to support an exceptional sentence for first degree arson because it has already been calculated into the standard sentencing range. We disagree and affirm.

"Fatal attraction” most appropriately characterizes the…