Legal Opinion

State v. Gimarelli

Court of Appeals of Washington

Decided March 23, 2001No. 25223-6-IIPublishedCited by 30 opinions

1Opinion of the CourtHoughton, J.

Gary Gimarelli appeals from his judgment and sentence of life in prison without parole under the “two-strikes” amendment to the Persistent Offender Accountability Act (POAA) for his conviction of attempted first degree child molestation. We affirm.

FACTS

On Christmas Eve 1998, Gimarelli entered the recreation room of the mobile home park where he lived. Gimarelli knew 11-year-old M.B. was sleeping there with her siblings. He went to M.B. and placed his hand on her stomach right below her navel. M.B. woke up and pushed Gimarelli away. A few minutes later, he began stroking her hair, and then…

2Cases cited21 opinions

  1. City of Chicago v. MoralesSupreme Court of the United States · 1999
  2. Apodaca v. OregonSupreme Court of the United States · 1972
  3. State v. AmmonsWashington Supreme Court · 2005
  4. State v. FordWashington Supreme Court · 1999
  5. State v. Ortega-MartinezWashington Supreme Court · 1994

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

3Cited by30 opinions

  1. State of Iowa v. Charles James David OliverSupreme Court of Iowa · 2012
  2. Norris v. MorganCourt of Appeals for the Ninth Circuit · 2010
  3. State v. GimarelliCourt of Appeals of Washington · 2001
  4. State v. JenningsCourt of Appeals of Washington · 2002
  5. State v. JenningsCourt of Appeals of Washington · 2002

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

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