State Of Washington, Respondent V. Zulain Ileana Angell, Appellant

2016 AUG - f 	m 	9: Ob
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
Respondent,
v.
ZULAIN ILEANAANGELL,
Appellant.
No. 73359-1-1
DIVISION ONE
UNPUBLISHED OPINION
FILED: August 1,2016
Becker, J. — Zulain Angell challenges the six-month standard range
sentence imposed after a jury found her guilty of second degree assault and
attempting to elude a pursuing police vehicle. Angell requested an exceptional
sentence downward, claiming that she committed the crimes under duress
"insufficient to constitute a complete defense but which significantly affected her
conduct." Angell claims the sentencing court erroneously believed it lacked
authority to consider her request for an exceptional sentence.
When a court has considered the facts and concluded there is no factual
basis for an exceptional sentence, it has exercised its discretion, and the
defendant cannot appeal that ruling. 	State v. McGill, 112 Wn. App. 95, 100, 47
P.3d 173(2002).
Here, the court was aware of its authority to consider and impose an
exceptional sentence, but concluded an exceptional sentence was not warranted.

No. 73359-1-1/2
"I don't believe the totality of the circumstances nor the idea of duress fit the facts
in this case." Angell's sentence is not appealable.
Appeal dismissed.
S^d^er,
WE CONCUR:
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