State v. Baker

The state appeals an order deferring execution of the death penalty upon the condition that the defendant be incarcerated for life.

Respondent, Leydell Baker, was convicted by a jury of the crime of first-degree murder. The jury, pursuant to RCW 9.48.030, also returned a special verdict asking that the death penalty be inflicted. The court then deferred imposition of the death penalty on the condition that the defendant be incarcerated for fife not subject to parole.

The sole issue presented is whether RCW 9.95.200 and .210 which allow a trial court in its discretion to defer imposition of a…