Legal Opinion
State v. Ehli
Court of Appeals of Washington
Decided February 11, 2003No. 20171-6-IIIPublishedCited by 6 opinions
1Opinion of the Court
Sweeney, J. —
A sentencing court has the discretion to find two or more current offenses to be the “same criminal conduct” provided there is identity of time, place, and victims. Former RCW 9.94A.400(l)(a) (2000), recodified as RCW 9.94A.589(l)(a). Here, David Ehli downloaded and transmitted multiple images of different young children having sex with adults. The question is whether the children’s lack of knowledge of the downloading or the State’s failure to identify the particular victims renders the crime “victimless” for purposes of a “same criminal conduct” determination. It does not. And…
2Cases cited7 opinions
- North Carolina v. AlfordSupreme Court of the United States · 1970
- New York v. FerberSupreme Court of the United States · 1982
- State v. HillWashington Supreme Court · 1994
- State v. AvilaCourt of Appeals of Washington · 2000
- State v. AvilaCourt of Appeals of Washington · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commonwealth v. DavidsonSupreme Court of Pennsylvania · 2007
- Owens v. HarrisonCourt of Appeals of Washington · 2004
- Owens v. HarrisonCourt of Appeals of Washington · 2004
- State v. PolkCourt of Appeals of Washington · 2015
- Commonwealth v. DavidsonSupreme Court of Pennsylvania · 2007
1 more not listed; retrieve them via the Exa API.