Legal Opinion

State v. Toney

Court of Appeals of Washington

Decided April 21, 2009No. 36442-5-IIPublishedCited by 17 opinions

1Opinion of the Court

¶1 Leon Glennquaree Toney appeals his sentences for first degree assault, first degree burglary, first degree unlawful possession of a firearm, and two firearm enhancements. In a previous appeal, we affirmed Toney’s convictions but remanded for resentencing. Toney now argues that he is entitled to a second appeal because the trial court conducted a full sentencing hearing on remand and erred by imposing (1) a sentence above the statutory *790maximum and (2) firearm enhancements that constitute double jeopardy without a valid procedure to do so. We agree with Toney that he can appeal, but, finding…

2Cases cited34 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. State v. CalleWashington Supreme Court · 1995
  3. State v. WomacWashington Supreme Court · 2007
  4. State v. WomacWashington Supreme Court · 2007
  5. State v. RecuencoWashington Supreme Court · 2008

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3Cited by17 opinions

  1. State v. KelleyWashington Supreme Court · 2010
  2. State v. KelleyWashington Supreme Court · 2010
  3. State v. GrahamCourt of Appeals of Washington · 2013
  4. Personal Restraint Petition Of: Patrick Lee SargentCourt of Appeals of Washington · 2021
  5. State Of Washington v. Sean Allen ForsmanCourt of Appeals of Washington · 2018

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

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