State v. Stalker

—Kerry Duane Stalker, after being convicted of unlawful possession of a controlled substance with intent to deliver, appealed the Superior Court's imposition of a sentence outside the presumptive sentencing range; RCW 9.94A. Mr. Stalker was sentenced to confinement for 12 months and 1 day. The maximum sentence which could have been imposed is 5 years' imprisonment and/or a $10,000 fine. RCW 69.50.401(a)(l)(ii).

The Legislature, with the aid of the Sentencing Guidelines Commission, has determined the standard sentencing range for this crime should be 1 to 3 months for an offender with no prior…