Legal Opinion
State v. Herzog
Washington Supreme Court
Decided April 27, 1989No. 55873-6PublishedCited by 63 opinions
1Opinion of the CourtPearson, J.
Upon sentencing the defendant for first degree rape, the trial court considered the facts underlying a previous, constitutionally invalid, foreign conviction to sentence the defendant to the maximum sentence within the standard range. This case is before this court following certification of the following issue by the Court of Appeals, Division One, pursuant to RCW 2.06.030(d):
Did the trial court err in considering facts alleged in a foreign conviction which was determined to be constitutionally invalid in setting defendant's sentence within the standard range?
We answer this question in the…
2Cases cited28 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Williams v. New YorkSupreme Court of the United States · 1949
- United States v. TuckerSupreme Court of the United States · 1972
23 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- State v. ThorneWashington Supreme Court · 1996
- State v. FordWashington Supreme Court · 1999
- State v. HunleyWashington Supreme Court · 2012
- State v. GraysonWashington Supreme Court · 2005
- State v. StraussWashington Supreme Court · 1992
58 more not listed; retrieve them via the Exa API.