Legal Opinion

State v. Pleasant

Court of Appeals of Washington

Decided January 22, 2009No. 21922-4-IIIPublished

1Opinion of the CourtSchultheis, C.J.

¶1 This is the second time this case is before us. In an unpublished decision, we previously held *410that Delonde Pleasant’s exceptional sentence violated Blakely1 but that the error was harmless. The Washington State Supreme Court asks us to reconsider our decision in view of In re Personal Restraint of Hall, 163 Wn.2d 346, 181 P.3d 799 (2008), which holds that a sentencing court’s failure to submit an aggravating factor to the jury is not harmless error when the exceptional sentencing proceedings in effect at the time of the defendant’s offense directed that the trial court, not the jury, find…

2Cases cited18 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. North Carolina v. AlfordSupreme Court of the United States · 1970
  3. Washington v. RecuencoSupreme Court of the United States · 2006
  4. State v. PillatosWashington Supreme Court · 2007
  5. State v. PillatosWashington Supreme Court · 2007

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