Legal Opinion

State v. Berrier

Court of Appeals of Washington

Decided March 18, 2008No. 35470-5-IIPublishedCited by 4 opinions

1Opinion of the Court

*549fl Timothy Berrier appeals his exceptional sentence for felony harassment based on the aggravating factors of deliberate cruelty, lack of remorse, and retaliation against a criminal justice official. He contends that the State’s separate notice of intent to seek an exceptional sentence was insufficient because both due process and former RCW 9.94A.537 (2005) require the State to allege any aggravating factors in the information. He also asserts that there was insufficient evidence to support his exceptional sentence. We hold that there is no statutory or constitutional requirement to plead…

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. State v. KjorsvikWashington Supreme Court · 1991
  4. State v. ArmendarizWashington Supreme Court · 2007
  5. State v. ArmendarizWashington Supreme Court · 2007

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

3Cited by4 opinions

  1. State v. SiersCourt of Appeals of Washington · 2010
  2. State v. SiersCourt of Appeals of Washington · 2010
  3. State v. PleasantCourt of Appeals of Washington · 2009
  4. State v. PleasantCourt of Appeals of Washington · 2009

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