(Download) "State V. Brown" by Washington Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: State V. Brown
- Author : Washington Supreme Court
- Release Date : January 09, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This case involves a determination of (1) whether the trial Judge abused his discretion in concluding the jurors did not engage in misconduct by using a trial exhibit to re-enact the crime charged, and (2) whether a sentencing court can impose an exceptional sentence downward below the time specified under RCW 9.94A.310(4) for a deadly weapon enhancement. We conclude the trial Judge did not abuse his discretion by refusing to grant a new trial when the jurors used a trial exhibit to re-enact the crime charged. We further conclude that the "Hard Time for Armed Crime" initiative, codified in RCW 9.94A.310(4), deprives a sentencing court of discretion to impose an exceptional sentence downward below the time specified for a mandatory deadly weapon enhancement. We remand to the superior court for resentencing consistent with this decision.
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