I don t think this is a case even if I were to believe that he could simply be treated as a first time offender, I don t think I would do that under these circumstances in any event. Facts On July 25, and while intoxicated, Mayso Pickins drove his motorcycle at high speeds, weaving within and between lanes, with police cars in pursuit. On the contrary, where a trial court refused to exercise discretion at sentencing because it erroneously believed it lacked authority, RCW 9. The trial court imposed the most lenient sentence it believed possible for the eluding conviction, namely one year and one day, the term of confinement it mistakenly believed to be mandatory under RCW 9. Under the RCW 9. A sentence within the standard sentence range, under RCW 9. The record shows that the trial court did not believe it had discretion to waive Pickins enhanced standard range sentence under RCW 9. We hold, therefore, that the sentencing error was not harmless and that remand for resentencing is appropriate.
Enfatizando una atmosfera segura y respetable para todos. In so doing, the trial court read into RCW 9. More specifically, as we held in State v. The trial court imposed the most lenient sentence it believed possible for the eluding conviction, namely one year and one day, the term of confinement it mistakenly believed to be mandatory under RCW 9. It is undisputed that Pickins license was revoked. PONCE lucio tan ensayada con una peegunta facil,de las que dan coronas,y su cliche fue demasiado de evidente. Restraint of Mulholland, Wn. For purposes of this section, a sentence imposed on a first-time offender under RCW 9. But I think the low end is I think reasonable here. Yo soy de los que prefiere openings con mas musica y energia,pero aun asi,y dado a la fecha en que se celebraba fue muy adecuado. At sentencing, Pickins, a first time offender, asked the trial court to waive the standard sentence range under RCW 9. App , , P. Standard of Review Generally, a defendant cannot appeal a standard range sentence. The trial court was equivocal in declining to apply the statute. Pickins third argument reflects a misunderstanding of the law. We hold, therefore, that the sentencing error was not harmless and that remand for resentencing is appropriate. The State countered that the endangering others sentence enhancement, Verbatim Report of Proceedings VRP at , which it characterized as mandatory, Clerk s Papers CP at 46, rendered Pickins ineligible for this statutory first time offender waiver; the State recommended a high-end standard range sentence. He argues that the sentencing court erred in finding him ineligible for a first time offender waiver. And a trial court s failure to consider an available alternative sentence is reversible error. Instead of clearly stating that it would not consider waiver under the circumstances of this case, for example, because of the danger Pickins had posed to himself and to others, the trial court focused on what it considered was the legislature s intent in enhancing sentences for such endangerment. As to the and, you know, I am mindful that Mr. I don t think their intent was to simply have that finding made, go through the extra work of submitting that question to the jury, and then ignoring it, basically. I think the intent of the legislature was that if the jury returned a special verdict finding that more than one person was endangered by a defendant s actions, then they wanted an enhanced sentence. The record shows that the trial court did not believe it had discretion to waive Pickins enhanced standard range sentence under RCW 9. I think attempting to elude without that finding certainly would qualify someone as a first time offender. Pickins was probably the one most likely to be killed in this driving as he was on a motorcycle, but there were there was substantial testimony as to what other drivers were doing to kind of get out of his way while he was doing it, and he certainly did put other people at risk, including law enforcement officers that were pursuing him. Pickins doesn t have any other history that I am aware of.
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