Legal Opinion

State v. Hawkins

Court of Appeals of Washington

Decided November 7, 2011No. 66936-2-IPublishedCited by 6 opinions

1Opinion of the CourtLeach, J.

¶1 Charles D. Hawkins challenges an order amending his judgment and sentence, claiming this order is void because no request for the visiting judge who signed it appears in the record. He further claims that the judge erred by refusing to recuse himself, that his constitutional right to counsel was violated, and that Apprendi v. New Jersey 1 and Blakely v. Washington 2 require remand and resentencing.

¶2 None of these arguments has merit. Neither the Washington Constitution nor any statute requires a superior court’s request for a visiting judge be made a part of the record. Additionally,…

2Cases cited22 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Rains v. StateWashington Supreme Court · 1983
  5. State v. EvansWashington Supreme Court · 2005

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3Cited by6 opinions

  1. State v. McCarthyCourt of Appeals of Washington · 2013
  2. In re the Welfare of R.S.G.Court of Appeals of Washington · 2013
  3. Anthony Grabicki, ex rel v. Linda BaysCourt of Appeals of Washington · 2016
  4. State Of Washington v. Allen EnglundCourt of Appeals of Washington · 2015
  5. State Of Washington v. Dennis Lawrence MccarthyCourt of Appeals of Washington · 2013

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