State v. Gibson

At jury trial, Norman Gibson was found guilty of taking a motor vehicle without permission. RCW 9.54.020. At a subsequent hearing, he was found to be a habitual criminal on the basis of prior convictions for four felonies. Believing he had no discretion to suspend sentence, the trial judge imposed a life sentence as provided by RCW 9.92.090. We affirm the judgment of conviction for taking the motor vehicle as well as the habitual criminal conviction. We hold, however, that the trial judge had discretion to suspend the life sentence and we, therefore, remand the cause for the exercise of such…