Legal Opinion

State v. Herzog

Court of Appeals of Washington

Decided April 26, 1993No. 26787-6-IPublishedCited by 19 opinions

1Opinion of the CourtBaker, J.

Dennis Herzog appeals the trial court's denial of his motion to continue his sentencing hearing, and the imposition of an exceptional sentence. He also appeals imposition of court costs and the victim penalty assessment. We affirm, holding that multiple penetrations of a rape victim can, as a matter of law, justify an exceptional sentence.

Facts

Herzog broke into the victim's apartment, forced his way into her bedroom and attacked her. Herzog held a knife to the victim's throat and ordered her to shut up. After forcing her to perform fellatio, Herzog forcibly penetrated her both anally and…

2Cases cited21 opinions

  1. State Ex Rel. Carroll v. JunkerWashington Supreme Court · 1971
  2. State v. NordbyWashington Supreme Court · 1986
  3. State v. BarnesWashington Supreme Court · 2003
  4. State v. CurryWashington Supreme Court · 2000
  5. State v. McAlpinWashington Supreme Court · 1987

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

3Cited by19 opinions

  1. In re the Personal Restraint of BreedloveWashington Supreme Court · 1999
  2. State v. TiliWashington Supreme Court · 2003
  3. State v. TiliWashington Supreme Court · 2003
  4. State v. CannonWashington Supreme Court · 1996
  5. State v. CannonWashington Supreme Court · 1996

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

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