State v. Stubbs

¶1 We granted Troy Dean Stubbs’s petition to review a decision of the Court of Appeals in which that court affirmed an exceptional sentence that the trial court imposed on Stubbs for first degree assault. In sentencing Stubbs, the trial court relied on a jury finding that the “victim’s injuries substantially exceed the level of bodily harm necessary to satisfy the elements of the offense.” Clerk’s Papers (CP) at 90. One of the elements, as set forth in the information charging Stubbs with first degree assault, was that Stubbs inflicted “great bodily harm” in the course of the assault, that…