finding of aggravating factors (Washington) · Go Syfert
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finding of aggravating factors in Washington

6 Washington opinions name it 2 courts 2005–2011 0 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
State v. Johnsongreen
wash · 1994 · cited in 2 Washington opinions naming this issue, 2011–2011
2 sentences

2011Compare former RCW 9.94A.535 (2004), with former RCW 9.94A.535 (Laws of 2005, ch. 68, §§ 3, 7). ¶25 For example, in State v. Johnson, 124 Wn.2d 57, 64-66, 73 , 873 P.2d 514 (1994), the trial court imposed an exceptional sentence based on its conclusion that the shooting for which Johnson was convicted was based on “ ‘gang motivation’ ” and because of the “ ‘community impact’ ” of his crimes, aggravating factors not listed in the nonexclusive aggravating factors statute 16 in effect at the time Johnson committed the shooting.

2011Compare former RCW 9.94A.535 (2004), with former RCW 9.94A.535 (Laws of 2005, ch. 68, §§ 3, 7). ¶25 For example, in State v. Johnson, 124 Wn.2d 57, 64-66, 73 , 873 P.2d 514 (1994), the trial court imposed an exceptional sentence based on its conclusion that the shooting for which Johnson was convicted was based on “ ‘gang motivation’ ” and because of the “ ‘community impact’ ” of his crimes, aggravating factors not listed in the nonexclusive aggravating factors statute 16 in effect at the time Johnson committed the shooting.

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
State v. Jacobs yellow
wash · 2005
2 sentences

2011Jacobs, 154 Wash.2d at 600 , 115 P.3d 281 . ¶ 24 Before July 24, 2005, the Sentencing Reform Act of 1981, chapter 9.94A RCW provided an illustrative, nonexclusive list of statutory "[a]ggravating [c]ircumstances" that could form the basis of an exceptional sentence; thus, trial courts could impose an exceptional sentence based on a finding of aggravating factors not listed in the statute.

2011Jacobs, 154 Wn.2d at 600 . ¶24 Before July 24, 2005, the Sentencing Reform Act of 1981, chapter 9.94A RCW, provided an illustrative, nonexclusive list of statutory “[aggravating [c]ircumstances” that could form the basis of an exceptional sentence; thus, trial courts could impose an exceptional sentence based on a finding of aggravating factors not listed in the statute.

22011–2011
State v. Jones neutral
washctapp · 2007
2 sentences

2009State v. Jones, 137 Wash. App. 119, 126 , 151 P.3d 1056 (2007).

2009State v. Jones, 137 Wn.

22009–2009
Matter of Disciplinary Proceeding Against Anschell green
wash · 2003
1 sentence

2005Longacre does not provide any citation *721 to the record that supports these claims. [6] Additionally, it does not appear that Longacre argued these potentially mitigating factors before the hearing officer or the Board. [7] ¶ 56 Longacre also assigned error to the Board's finding of aggravating factors (substantial experience in the practice of law, failure to acknowledge wrongful conduct, and multiple offenses), arguing that he "should not be faulted for believing in his position, and that should not be confused with a lack of remorse." Id.

12005–2005
In re the Disciplinary Proceeding Against Anschell green
wash · 2003
1 sentence

2005Longacre does not provide any citation to the record that supports these claims. 6 Additionally, it does not appear that Longacre argued these potentially mitigating factors before the hearing officer or the Board. 7 f 56 Longacre also assigned error to the Board’s finding of aggravating factors (substantial experience in the practice of law, failure to acknowledge wrongful conduct, and multiple offenses), arguing that he “should not be faulted for believing in his position, and that should not be confused with a lack of remorse.” Id.

12005–2005

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9.94A.535 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NJ 23 (1987–2025) IL 9 (1999–2006) NC 8 (1989–2017) WA 6 (2005–2011) AK 4 (1982–1988) CA 4 (1999–2024) MD 3 (2001–2011) FL 3 (2002–2024) MI 3 (2022–2022) IN 2 (2007–2014) NY 2 (2024–2024) CO 2 (1996–1996)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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