Legal Opinion

State v. Elgin

Washington Supreme Court

Decided March 5, 1992No. 57509-6PublishedCited by 118 opinions

1Opinion of the CourtGuy, J.

The defendant was convicted in district court of a repeat offense of driving while intoxicated (DWI). A series of appeals followed, arising from confusion regarding the sentencing provision of RCW 46.61.515(2). This case presents the issue whether RCW 46.61.515(2) permits a sentence of over 1 year for a repeat DWI offense. We hold that it does not. The maximum jail term allowed under RCW 46.61.515(2), including both "nonsuspendable and nondeferrable" as well as "suspended" sentences, is 1 year.

Facts

Jack Elgin was convicted in Federal Way District Court of a DWI offense. Because Mr. Elgin had…

2Cases cited7 opinions

  1. Cherry v. Municipality of Metropolitan SeattleWashington Supreme Court · 1991
  2. Multicare Medical Center v. Department of Social & Health ServicesWashington Supreme Court · 1990
  3. State v. NeherWashington Supreme Court · 1989
  4. State v. DayWashington Supreme Court · 1981
  5. Washington Public Power Supply System v. General Electric Co.Washington Supreme Court · 1989

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

3Cited by118 opinions

  1. Matter of Personal Restraint of YoungWashington Supreme Court · 1993
  2. Whatcom County v. City of BellinghamWashington Supreme Court · 1996
  3. Davis v. Department of LicensingWashington Supreme Court · 1999
  4. State v. WatsonWashington Supreme Court · 2002
  5. State v. WilsonWashington Supreme Court · 1994

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

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