State Of Washington v. Daren M. Morales

¶1 The constitutional right to jury trial requires that a sentence must be authorized by a jury’s verdict. Here, the jury’s verdict stated that Daren M. Morales was guilty of the crime of “Child Molestation in the Second Degree.” The State did not charge Morales with this crime. The trial court did not instruct the jury on it. And the parties’ closing arguments did not mention this crime.

¶2 The trial court discharged the jury after polling its members on the verdict. Over a week after the court discharged the jury, Morales moved for a new trial. He based the motion on the difference between…