Legal Opinion

State v. Thomas

Court of Appeals of Washington

Decided September 18, 2006No. 55556-1-IPublishedCited by 20 opinions

1Opinion of the Court

Schindler, A.C.J.

¶1 Gregory Thomas contends the sentencing court’s decision to include out-of-state convictions in the calculation of his offender score violated his constitutional and due process rights to a jury trial. In the alternative, Thomas argues the State failed to prove the out-of-state California convictions for burglary and receiving stolen property were comparable to a Washington crime. Under Apprendi v. New Jersey, 530 U.S. 466, 491-92, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000), and Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004), a sentencing…

2Cases cited20 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Taylor v. United StatesSupreme Court of the United States · 1990
  4. Shepard v. United StatesSupreme Court of the United States · 2005
  5. State v. MorleyWashington Supreme Court · 1998

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3Cited by20 opinions

  1. State v. ThomasCourt of Appeals of Washington · 2006
  2. State v. ChambersCourt of Appeals of Washington · 2010
  3. State v. OutlawCourt of Appeals of Minnesota · 2008
  4. State v. NonogCourt of Appeals of Washington · 2008
  5. State v. NonogCourt of Appeals of Washington · 2008

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

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