State v. Saltz

¶1 Gardner Saltz received an exceptional sentence for second degree malicious mischief. On appeal, he claims that one of the court’s aggravating factors — that prior unscored misdemeanors resulted in a presumptive sentence that was clearly too lenient — violated Blakely1 and Hughes2 principles. And he asserts that the exceptional sentence cannot be upheld on the remaining aggravating factor — rapid recidivism.

Schultheis, A.C.J. —

¶2 We conclude that although the “too lenient” determination is one for the jury, the sentence can be upheld on the substantial and compelling factor of rapid…