Legal Opinion

State v. Miller

Court of Appeals of Washington

Decided February 7, 2011No. 64350-9-IPublishedCited by 7 opinions

1Opinion of the CourtDwyer, C.J.

¶1 — Where a defendant violates the conditions of his suspended sentence granted pursuant to the special sex offender sentencing alternative (SSOSA), even where the violation occurs 9 years into a 10-year suspended sentence, a trial court may properly revoke the SSOSA, reinstate the original sentence, and include an additional term of community custody to be served after incarceration. The prohibition against double jeopardy is not violated by the imposition of a term of postincarceration community custody notwithstanding that the defendant already served community custody during the…

2Cases cited31 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. United States v. HalperSupreme Court of the United States · 1989
  3. Alabama v. SmithSupreme Court of the United States · 1989
  4. Hudson v. United StatesSupreme Court of the United States · 1997
  5. State Ex Rel. Carroll v. JunkerWashington Supreme Court · 1971

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3Cited by7 opinions

  1. State v. PannellWashington Supreme Court · 2011
  2. State Of Washington v. Brandon L. BrooksCourt of Appeals of Washington · 2019
  3. State Of Washington v. Marc-eugene Ellis LarsonCourt of Appeals of Washington · 2020
  4. State Of Washington v. Tammy Jo StewartCourt of Appeals of Washington · 2019
  5. State Of Washington v. Zakee Jordan ShakirCourt of Appeals of Washington · 2020

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