Legal Opinion

State v. Goldberg

Court of Appeals of Washington

Decided October 28, 2004No. 22479-1-IIIPublishedCited by 5 opinions

1Opinion of the CourtBrown, J.

Following a remand from State v. Goldberg, 149 Wn.2d 888, 72 P.3d 1083 (2003), the trial court resen-tenced Morris H. Goldberg to 320 months, a maximum standard range sentence based upon his first degree murder conviction. He now contends in a unique argument that he was denied effective assistance of counsel at the resen-tencing because his attorney failed to object to the deputy prosecutor’s argument to the court and failed to adequately argue for a lower standard range sentence. Speculative, conclusory arguments do not show deficient performance or prejudice. Accordingly, we affirm.

FACTS

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2Cases cited13 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. WilliamsWashington Supreme Court · 2001
  3. State v. WilliamsWashington Supreme Court · 2001
  4. State v. McNealWashington Supreme Court · 2002
  5. State v. AdamsWashington Supreme Court · 1978

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3Cited by5 opinions

  1. State v. RafayCourt of Appeals of Washington · 2012
  2. State v. JohnsonCourt of Appeals of Washington · 2014
  3. State Of Washington, Resp. v. James Steven Johnson, App.Court of Appeals of Washington · 2014
  4. State Of Washington, V Stanley Aaron GebarowskiCourt of Appeals of Washington · 2015
  5. State of Washington v. Ashley Dawn MyersCourt of Appeals of Washington · 2020

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