State v. Aguilar-Rivera

Jose Aguilar-Rivera appeals his exceptional sentence for possession of cocaine with intent to deliver, contending that he was denied his right of allocution. After orally announcing Aguilar-Rivera’s exceptional sentence, the judge was reminded by defense counsel that the defendant had not yet been given his right of allocution. The judge apologized and invited Aguilar-Rivera to speak on his own behalf. After Aguilar-Rivera’s counsel spoke for him, the judge adhered to the exceptional sentence. We hold that where a defendant’s right of al-locution is inadvertently omitted until after the court…