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Criminal Case Law Update, Week Ending 12-24-10

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 Washington State Supreme Court: State v. Wilson: The Court held that anticipatory offenses included in an offender score calculation under RCW 9.94A.525(4) must themselves be felonies in order to be calculated as such as part of the offender score calculation. Here, the trial court had erroneously included as a felony what was actually a conviction for a gross misdemeanor. In upholding the decision, the Court of Appeals reasoned that the anticipatory offense would have been a felony if completed. The Supreme Court found this to be in error and held that such a mistake is a legal mistake and therefore the petitioner is entitled to be resentenced under the correct offender score...continue to full post

Full post as published by Washington State Criminal Defense on December 27, 2010 (boomark / email).