Legal Opinion

State v. Hagar

Court of Appeals of Washington

Decided January 24, 2005No. 52809-2-IPublishedCited by 8 opinions

1Opinion of the Court

¶1 Howard Hagar challenges the exceptional sentences imposed following his guilty plea to three counts of first degree theft, arguing that the sentences must be reversed in light of Blakely v. Washington.1 Although Hagar stipulated to facts in his plea agreement that support the exceptional sentences, he contends Blakely provides a basis to argue that a mutual mistake underlies the plea agreement. Hagar argues that the mistake entitles him to his choice of remedies.

Cox, C. J.

¶2 Generally, where the parties to a plea agreement make a mutual mistake concerning a direct consequence of the plea,…

2Cases cited28 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Brady v. United StatesSupreme Court of the United States · 1970
  4. State v. HughesWashington Supreme Court · 2005
  5. State v. HughesWashington Supreme Court · 2005

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3Cited by8 opinions

  1. State v. SuleimanWashington Supreme Court · 2006
  2. State v. HagarWashington Supreme Court · 2006
  3. State v. HagarWashington Supreme Court · 2006
  4. State v. BrownCourt of Appeals of Arizona · 2005
  5. In Re BeitoWashington Supreme Court · 2009

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

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