Legal Opinion

State v. Payne

Court of Appeals of Washington

Decided October 6, 1986No. 8913-1-IIPublishedCited by 40 opinions

1Opinion of the Court

Reed, A.C.J.

—Jerry Eugene Payne appeals a 5-year sentence imposed after his guilty plea to second degree assault (RCW 9A.36.020(l)(d)). The standard range for the offense is 3 to 9 months. Payne contends that the sentencing court relied on unsupported and improper findings as a basis to enhance his sentence. We agree that the court's findings are defective and, therefore, reverse and remand to the sentencing court.

At approximately 2 in the morning Payne offered a ride to a stranger, a young woman on the street in south Tacoma. The woman contends that Payne drove her to a dark, wooded area…

2Cases cited5 opinions

  1. State v. SchantzenSupreme Court of Minnesota · 1981
  2. State v. HollandWashington Supreme Court · 1983
  3. State v. HarpCourt of Appeals of Washington · 1986
  4. State v. WoodCourt of Appeals of Washington · 1985
  5. State v. MagnanSupreme Court of Minnesota · 1983

3Cited by40 opinions

  1. State v. DunawayWashington Supreme Court · 1988
  2. State v. CopelandWashington Supreme Court · 1996
  3. State v. CraneWashington Supreme Court · 1991
  4. State v. PryorWashington Supreme Court · 1990
  5. State v. McAlpinWashington Supreme Court · 1987

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