Legal Opinion · Dissent

State v. Brown

Washington Supreme Court

Decided September 9, 1999No. 67024-2Published

1DissentMadsen, J.

(dissenting) — Once again, a majority of this court has interpreted provisions of the Sentencing Reform Act of 1981 (SRA), RCW 9.94A, so as to limit discretion of sentencing judges, an interpretation unsupported by statutory language, thereby disserving the purposes of the SRA. I write to dissent from this interpretation which effectively creates mandatory minimum sentences for Class B felonies committed with a deadly weapon under RCW 9.94A-.310(4)(e), overriding the discretion given to sentencing courts under RCW 9.94A.120(2). As a practical consid*30eration, I dissent because the trial judge…

2Cases cited16 opinions

  1. Matter of Personal Restraint of YoungWashington Supreme Court · 1993
  2. State v. ThorneWashington Supreme Court · 1996
  3. State v. AmmonsWashington Supreme Court · 2005
  4. State v. BroadawayWashington Supreme Court · 1997
  5. State v. BroadawayWashington Supreme Court · 1997

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