State v. Law

*109¶41 (dissenting) —The plain meaning and legislative history of RCW 9.94A.340 conclusively demonstrate factors used to support downward departing exceptional sentences do not need to relate only to the crime itself. Therefore Law’s exceptional sentence was appropriate.

Sanders, J.

¶42 The majority traces the recent history of the “nature of the crime” exceptional sentence doctrine but does not delve into the doctrine’s origins. There appear to be two sources for this “nature of the crime” doctrine. One is David Boerner, Sentencing in Washington § 9.6, at 9-13 (1985); the other is RCW 9.94A.340.

I.…