State v. Stubbs

¶21 (dissenting) — In reversing Troy Dean Stubbs’s exceptional sentence, the majority overturns a jury’s express finding and mistakenly concludes that the severe injury aggravator codified by the legislature in RCW 9.94A.535(3)(y) does not apply to first degree assault. See majority at 130-31.1 cannot join the majority in doing so. I would hold that extreme injuries such as those suffered by Ryan Goodwin can be found to substantially exceed the level of harm necessary to satisfy the elements of first degree assault. I would also hold that the injuries inflicted by Stubbs in this case were…