Legal Opinion

State v. Cruz

Washington Supreme Court

Decided October 7, 1999No. 67147-8PublishedCited by 83 opinions

1Opinion of the CourtSanders, J.

The Persistent Offender Accountability Act (POAA), RCW 9.94A.120(4), mandates life without possibility of parole when the offender is convicted of a third “most serious offense” after two separate prior convictions. RCW 9.94A.030(25). Sabas Cruz appealed such a sentence to the Court of Appeals claiming the offense for which he was sentenced was his second, not his third, and one of the prior convictions had previously “washed out” and thus could not be calculated as part of his offender score. The Court of Appeals affirmed, but we reverse the Court of Appeals and remand for resentencing.

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FACTS

2Cases cited14 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Collins v. YoungbloodSupreme Court of the United States · 1990
  3. Miller v. FloridaSupreme Court of the United States · 1987
  4. Lynce v. MathisSupreme Court of the United States · 1997
  5. State v. WardWashington Supreme Court · 1994

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3Cited by83 opinions

  1. In re the Personal Restraint of GoodwinWashington Supreme Court · 2002
  2. State v. DelgadoWashington Supreme Court · 2003
  3. State v. KellerWashington Supreme Court · 2001
  4. State v. VargaWashington Supreme Court · 2004
  5. State v. VargaWashington Supreme Court · 2004

78 more not listed; retrieve them via the Exa API.

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