State v. Moreno

¶44 (concurring and dissenting) — I concur with the majority’s conclusion that the challenged evidence was seized pursuant to a valid search warrant, but I do not agree with its conclusion that the court properly sentenced Jesse Antonio Moreno to a sentence above the standard range based on a gang aggravator. Accordingly, I dissent *501from that portion of the opinion affirming the exceptional sentence.

Procedural History

¶45 We originally filed an opinion on September 18, 2012, that reversed the gang aggravator for the reasons set out in this dissent. Pursuant to a request to publish by Judge…