Legal Opinion

State v. Duvall

Court of Appeals of Washington

Decided July 21, 1997No. 35180-0-IPublishedCited by 43 opinions

1Opinion of the CourtBecker, J.

Robert Duvall objects to a restitution order entered 257 days after sentencing. We apply the doctrine of equitable tolling and affirm. We also uphold the exceptional sentence Duvall received upon conviction for child molestation and assault of a child.

TIME LIMIT TO DETERMINE RESTITUTION

Duvall claims the order of restitution is void because the court imposed it beyond the 60-day time limit of for mer RCW 9.94A.142(1) (1994). That statute required the sentencing court to "determine the amount of restitution due at the sentencing hearing or within sixty days.”

The court below held a sentencing…

2Cases cited18 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  3. Zipes v. Trans World Airlines, Inc.Supreme Court of the United States · 1982
  4. Burnett v. New York Central RailroadSupreme Court of the United States · 1965
  5. United States v. GagnonSupreme Court of the United States · 1985

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

3Cited by43 opinions

  1. In Re BondsWashington Supreme Court · 2008
  2. State v. GrayWashington Supreme Court · 2012
  3. State v. RobinsonCourt of Appeals of Washington · 2001
  4. In Re the Personal Restraint of HoisingtonCourt of Appeals of Washington · 2000
  5. State v. BrushWashington Supreme Court · 2015

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

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