State v. Borboa
Court of Appeals of Washington
1Opinion of the Court
*782¶1
Morgan, A.C.J.
— The main question in this appeal is whether a sentence imposed under RCW 9.94A.712 is subject to the Sixth Amendment right to jury trial as interpreted in Apprendi v. New Jersey1 and Blakely v. Washington.2 Answering yes, we affirm in part and reverse in part.
¶2 RCW 9.94A.712 applies when a nonpersistent offender is sentenced for specified crimes that include first degree rape and first degree kidnapping with sexual motivation, but not second degree assault of a child.3 When RCW 9.94A.712(3) applies, it requires the trial court to impose both a “maximum term” and a “minimum…
Also in this document: Concurrence.
2Cases cited13 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Jones v. United StatesSupreme Court of the United States · 1999
- United States v. GaudinSupreme Court of the United States · 1995
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. ClarkeWashington Supreme Court · 2006
- State v. BorboaWashington Supreme Court · 2006
- State v. BorboaWashington Supreme Court · 2006
- State v. WomacCourt of Appeals of Washington · 2005
- State v. MonroeCourt of Appeals of Washington · 2005
13 more not listed; retrieve them via the Exa API.