State v. Happy

This opinion was prepared by the late Justice Charles T. Wright. It is adopted by the undersigned Justices as the opinion of this court.

This appeal relates to the question of the petitioner's right of allocution under CrR 7.1(a)(1). We hold its provisions are mandatory and that the trial court must in every instance afford the defendant the opportunity to speak immediately prior to the imposition of sentence.

The facts of this case are fully set forth in State v. Happy,. 25 Wn. App. 524, 607 P.2d 1255 (1980), and need not be repeated here. At issue is whether the court afforded petitioner his…