Legal Opinion
State v. Smith
Washington Supreme Court
Decided August 28, 2003No. 73113-6PublishedCited by 69 opinions
1Opinion of the CourtBridge, J.
Following convictions for burglary in the first degree and criminal trespass in the first degree, the trial court found Russell Smith to be a persistent offender under the Persistent Offender Accountability Act (POAA), RCW 9.94A.570, and sentenced him to life without the possibility of parole. Smith challenges the sentencing procedures of the POAA, otherwise known as the “three strikes and you’re out” law, under both the United States and the Washington State Constitutions.
The POAA is part of the Sentencing Reform Act of 1981 (SRA), chapter 9.94A RCW,1 which provides that the court rather…
2Cases cited21 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Ring v. ArizonaSupreme Court of the United States · 2002
- Oregon v. HassSupreme Court of the United States · 1975
- McKeiver v. PennsylvaniaSupreme Court of the United States · 1971
16 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- In re the Personal Restraint of LaveryWashington Supreme Court · 2005
- State v. EvansWashington Supreme Court · 2005
- In Re Personal Restraint of LaveryWashington Supreme Court · 2005
- State v. EvansWashington Supreme Court · 2005
- Commonwealth v. AponteSupreme Court of Pennsylvania · 2004
64 more not listed; retrieve them via the Exa API.