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Criminal Case Law Update, Week Ending 12-3-10

By Aaron

Courtesy of Law Offices of Dena Alo-Colbeck ?Writing and Research for Washington Attorneys? The following criminal cases of note were decided this week: Washington State Law Division One Court of Appeals: State v. Siers: Reasoning that, under State v. Powell, the State must include in the information any aggravating factor it intends to prove for purposes of seeking an exceptional sentence above the standard range, the Court concluded that when the state presents an uncharged aggravator to the jury, the defendant is entitled to dismissal of the underlying criminal charge; the usual remedy for a deficient information. The Court thus dismissed without prejudice. http://www.courts.wa.gov/opinions/pdf/63697-9.pub.doc.pdf In his dissent, Judge Dwyer argued that there was no error, no prejudice to Mr...continue to full post

Full post as published by Washington State Criminal Defense on December 07, 2010 (boomark / email).