Legal Opinion

State Of Washington v. Delfin Soto-viera

Court of Appeals of Washington

Decided January 22, 2018No. 75758-0Unpublished

1Opinion of the Court

IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON STATE OF WASHINGTON, No. 75758-0-1 Respondent, DIVISION ONE V. DELFIN SOTO-VIERA, UNPUBLISHED OPINION Appellant. FILED: January 22, 2018 SPEARMAN, J. — The jury's verdict must support the sentence imposed. Delfin Soto-Viera challenges his sentence for possession with intent to deliver cocaine, a class B felony. He argues that the to-convict instruction erroneously failed to identify the controlled substance and thus only supports a sentence for a class C felony. We reject the argument because, despite the erroneous instruction, the jury…

2Cases cited11 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. State v. BrownWashington Supreme Court · 2002
  3. State v. SmithWashington Supreme Court · 1997
  4. State v. SmithWashington Supreme Court · 1997
  5. State v. GoodmanWashington Supreme Court · 2004

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