Legal Opinion · Dissent

State v. Posey

Washington Supreme Court

Decided March 22, 2012No. 82957-8Published

1DissentMadsen, C.J.

¶27 (dissenting) — Although I agree with the majority that the superior court has residual jurisdiction to sentence Daniel Alfred Posey Jr., I cannot endorse the trial court’s decision to apply the juvenile sentencing range. Because Posey has reached the age of majority, the underlying goals and purpose of the Juvenile Justice Act of 1977 are no longer served and he should be sentenced to the adult range.

Analysis

¶28 Article IV, section 6 of the Washington State Constitution grants superior courts residual jurisdiction in “all cases and of all proceedings in which jurisdiction shall not have…

2Cases cited11 opinions

  1. State v. WernerWashington Supreme Court · 1996
  2. State v. WernerWashington Supreme Court · 1996
  3. In Re Personal Restraint Petition of DallugeWashington Supreme Court · 2004
  4. In re the Personal Restraint of DallugeWashington Supreme Court · 2004
  5. Young v. ClarkWashington Supreme Court · 2003

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