In re the Personal Restraint of Finstad

¶17 (dissenting) — The exceptional sentence imposed on Lowell Deray Finstad was not supported by factual findings or the defendant’s stipulation as required by the Sentencing Reform Act of 1981 (SRA), chapter 9.94A *512RCW, and by Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004), and Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000). This error resulted in the imposition of 40 months of incarceration that the trial court was not authorized to impose. Because he shows that more than three years of his sentence suffers from statutory and…