Legal Opinion

State v. Garnica

Court of Appeals of Washington

Decided April 10, 2001No. 19085-4-IIIPublishedCited by 4 opinions

1Opinion of the CourtBrown, J.

After Marco Garnica pleaded guilty to two counts of third degree rape, the sentencing court, citing five aggravating factors including domestic violence, gave consecutive sentences despite deciding the crimes comprised the same criminal conduct. Mr. Garnica appealed his exceptional sentence. We decide as an issue of first impression that a minor nonresident sister-in-law is not a “family member” for exceptional sentencing purposes, but we affirm because the four other aggravating factors are valid.

FACTS

Marco Garnica challenges his consecutive sentence imposed under exceptional circumstances.…

2Cases cited22 opinions

  1. State v. HillWashington Supreme Court · 1994
  2. State v. DunawayWashington Supreme Court · 1988
  3. State v. NordbyWashington Supreme Court · 1986
  4. Allingham v. City of SeattleWashington Supreme Court · 1988
  5. State v. GreweWashington Supreme Court · 1991

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

3Cited by4 opinions

  1. State Of Washington v. Adrian Munoz RiveraCourt of Appeals of Washington · 2015
  2. United States Court of Appeals v. Jose Antonio Yanez-SaucedoCourt of Appeals for the Ninth Circuit · 2002
  3. State Of Washington v. Adrian Munoz RiveraCourt of Appeals of Washington · 2015
  4. State Of Washington v. Joseph RobertsCourt of Appeals of Washington · 2018

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