Legal Opinion
State v. Ortega
Court of Appeals of Washington
Decided February 17, 2004No. 21538-5-IIIPublishedCited by 29 opinions
1Opinion of the CourtSchultheis, J.
— Jose Angel Ortega, Sr., pleaded guilty to one count of first degree child molestation of his granddaughter. The State unsuccessfully sought a sentence of life without the possibility of parole pursuant to the Persistent Offender Accountability Act (POAA).1 On appeal, the State contends a prior Texas conviction for indecency with a child should have been counted as a first strike for the purposes of POAA. Mr. Ortega cross-appeals the imposition of an exceptional sentence.
The relevant underlying facts of the Texas conviction were not determined by a jury beyond a reasonable doubt. We…
2Cases cited15 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- State v. ThorneWashington Supreme Court · 1996
- State v. DelgadoWashington Supreme Court · 2003
- State v. KellerWashington Supreme Court · 2001
- State v. McCorkleWashington Supreme Court · 1999
10 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- In re the Personal Restraint of LaveryWashington Supreme Court · 2005
- In Re Personal Restraint of LaveryWashington Supreme Court · 2005
- State v. ThiefaultWashington Supreme Court · 2007
- State v. ThiefaultWashington Supreme Court · 2007
- State v. IrbyCourt of Appeals of Washington · 2015
24 more not listed; retrieve them via the Exa API.