Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Washington v. Payne

decided: February 15, 1991.

STATE OF WASHINGTON, RESPONDENT,
v.
STEPHEN KYLE PAYNE, APPELLANT



58 Wash. App. 215.

Baker, J., Forrest, J., Grosse, A.c.j.

Order GRANTING MOTION FOR RECONSIDERATION AND CHANGING OPINION

The respondent, State of Washington, having filed a motion for reconsideration herein, and the court having determined that the motion should be granted and the opinion should be revised; NOW, THEREFORE,

IT IS HEREBY ORDERED that the opinion of this court in the above-entitled case filed May 14, 1990, appearing in the official advance sheet, 58 Wash. App. 215, be revised as follows:

1. Delete the last 6 lines of the first full paragraph located on page 221 which presently read:

constituted an aggravating circumstance. However, by itself, the aggravating factor of a recent criminal record is not sufficient to support a finding of manifest injustice. State v. Gutierrez, 37 Wash. App. at 915. We further note that Payne's social record indicates no major problems in detention during his 7-month stay.

and substitute the following language:

constituted an aggravating circumstance because RCW 13.40.150(3)(i)(iv) specifically lists recent criminal history as an aggravating factor. Thus, the trial court did have a valid reason to support a finding of manifest injustice.

2. Delete the last two sentences of the last paragraph starting on page 221 and ending on page 222 which presently read:

Those factors do not justify a finding of manifest injustice.[3] For these reasons, we remand for sentencing within the standard range.

and substitute the following language:

Only one of the four factors found by the court justifies a finding of manifest injustice. We are unable to determine from the record that the disposition court would have imposed the same sentence on the basis of this single aggravation factor. We therefore remand for resentencing.

3. Footnote 3 presently located on page 222 following the word "injustice", shall be deleted.

4. A new footnote shall be inserted at the end of the opinion on page 222, following the word ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.