Legal Opinion

State v. Sibert

Washington Supreme Court

Decided February 25, 2010No. 79509-6PublishedCited by 28 opinions

1Opinion of the CourtJ.M. Johnson, J.

¶1 —A jury convicted Richard Sibert of three counts of delivery of a controlled substance and one count of possession of a controlled substance with intent to deliver. He challenges his convictions, arguing that it was error to fail to include the identity of the specific controlled substance in the “to convict” jury instruction and that it was error to fail to require the State to prove the identity of the substance to a jury. He also disputes his sentence, arguing that under Blakely1 the State must prove beyond a reasonable doubt his prior convictions to a jury. Finally, Sibert challenges…

2Cases cited29 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. State v. PirtleWashington Supreme Court · 1995
  4. State v. PirtleWashington Supreme Court · 1995
  5. State v. RileyWashington Supreme Court · 1993

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

3Cited by28 opinions

  1. State v. JohnsonWashington Supreme Court · 2014
  2. State v. EmbryCourt of Appeals of Washington · 2012
  3. State v. DavisCourt of Appeals of Washington · 2013
  4. State Of Washington v. Randolph C. Clark-elCourt of Appeals of Washington · 2016
  5. State v. FranceWashington Supreme Court · 2014

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

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