State v. Lytle

Adriana L. Lytle pleaded guilty to homicide by abuse for the death of her four-year-old stepdaughter. The court imposed an aggravated exceptional sentence based upon stipulated findings of abuse of trust, victim vulnerability, and deliberate cruelty. Ms. Lytle appeals her sentence, contending her exceptional sentence cannot be based on those factors used to support her homicide by abuse conviction. Because our Supreme Court has rejected Ms. Lytles arguments in a similar case, State v. Berube, 150 Wn.2d 498, 79 P.3d 1144 (2003), we affirm.