Revised Code of Washington
Wash. Rev. Code § 9.94A.441 (2026)
✓ current as of May 2026
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The prosecuting attorney and the defendant shall each provide the court with their understanding of what the defendant's criminal history is prior to a plea of guilty pursuant to a plea agreement. All disputed issues as to criminal history shall be decided at the sentencing hearing.
[ 1981 c 137 s 10. Formerly RCW 9.94A.100.]
Notes:
Effective date—1981 c 137: See RCW 9.94A.905.
Notes of Decisions
Cited in 20
cases (2 in the last 5 years), 2002–2025 · leading case: In re the Pers. Restraint of Goodwin, 50 P.3d 618 (Wash. 2002).
In re the Pers. Restraint of Goodwin, 50 P.3d 618 (Wash. 2002). “RCW 9.94A.441 (formerly RCW 9.94A.100, recodified, Laws of 2001, ch.”
State v. Bergstrom, 162 Wash. 2d 87 (Wash. 2007). “2d at 875 ; RCW 9.94A.441. We assume that Bergstrom’s objection was specific without deciding the matter.”
In Re Cadwallader, 123 P.3d 456 (Wash. 2005). “[4] Now RCW 9.94A.441. [5] As noted, the State was aware of the 1985 Kansas conviction, as shown by the WASIS and NCIC printout the State provided to the defense as discovery prior to the 1998 sentencing.”
State v. Cadwallader, 155 Wash. 2d 867 (Wash. 2005). “Now RCW 9.94A.441. As noted, the State was aware of the 1985 Kansas conviction, as shown by the WASIS and NCIC printout the State provided to the defense as discovery prior to the 1998 sentencing.”
State v. Codiga, 162 Wash. 2d 912 (Wash. 2008). “RCW 9.94A.441 (requiring that all disputes about a defendant’s criminal history arising out of the plea be resolved at sentencing).”
State v. Codiga, 175 P.3d 1082 (Wash. 2008). “RCW 9.94A.441 (requiring that all disputes about a defendant's criminal history arising out of the plea be resolved at sentencing).”
In Re Goodwin, 50 P.3d 618 (Wash. 2002). “[3] RCW 9.94A.441 (formerly RCW 9.94A.100) provides: "The prosecuting attorney and the defendant shall each provide the court with their understanding of what the defendant's criminal history is prior to a plea of guilty pursuant to a plea agreement.”
State v. Robinson, 263 P.3d 1233 (Wash. 2011). “3d 1082 ; RCW 9.94A.441. Robinson failed to do so. ¶ 28 An error of law can constitute an abuse of discretion.”
State v. Robinson, 172 Wash. 2d 783 (Wash. 2011). “at 928 ; RCW 9.94A.441. Robinson failed to do so. ¶27 An error of law can constitute an abuse of discretion.”
State v. Malone, 157 P.3d 909 (Wash. Ct. App. 2007). “" RCW 9.94A.441. The State is required to prove the defendant's criminal history to the sentencing judge by a preponderance of the evidence, or the court may rely on the defendant's stipulation or acknowledgement of prior convictions to calculate the offender score.”
State v. Harris, 148 Wash. App. 22 (Wash. Ct. App. 2008). “A sentencing court is required to calculate the defendant’s offender score on “the date of sentencing for the offense for which the offender score is being computed.” RCW 9.94A.525(1). When, as here, the defendant enters a guilty plea and objects to his criminal history…”
State v. Mendoza, 162 P.3d 439 (Wash. Ct. App. 2007). “100 at RCW 9.94A.441. [9] Morreira is not helpful to our analysis because it deals with a second remand for the trial court to consider facts relating only to the charged offense, second degree assault, and not the facts from the Washington State Patrol investigative report and…”
— Wash. Rev. Code § 9.94A.441(2) — 1 case
State Of Washington v. Adrian Sassen Vanelsloo (Wash. Ct. App. 2015).
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