Legal Opinion
In re the Personal Restraint of McWilliams
Washington Supreme Court
Decided December 24, 2014No. 88883-3PublishedCited by 16 opinions
1Opinion of the CourtMadsen, C.J.
¶1 Petitioner Dante McWilliams received the exceptional sentence of 120 months of confinement and 18 months of community custody, which, in the aggregate, exceeded the statutory maximum for his offense. This, he claims, is error. We agree and hold the appropriate remedy is a notation in the judgment and sentence that explicitly states that the total term of confinement and community custody actually served may not exceed the statutory maximum.
FACTS
¶2 On August 10, 2010, McWilliams pleaded guilty to second degree assault committed in November 2009. At sentencing, he had an offender score of 7,…
2Cases cited12 opinions
- In re the Personal Restraint of CoatsWashington Supreme Court · 2011
- Kilian v. AtkinsonWashington Supreme Court · 2002
- Tingey v. HaischWashington Supreme Court · 2007
- Tingey v. HaischWashington Supreme Court · 2007
- City of Spokane v. Spokane CountyWashington Supreme Court · 2006
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3Cited by16 opinions
- Cannabis Action Coalition v. City of KentWashington Supreme Court · 2015
- State Of Washington v. Lucien J. ThibodeauxCourt of Appeals of Washington · 2018
- State v. BruchWashington Supreme Court · 2015
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- State of Washington v. Olajide Adel FletcherCourt of Appeals of Washington · 2021
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