(Download) "Washington V. Bernhard" by Supreme Court of Washington # Book PDF Kindle ePub Free
eBook details
- Title: Washington V. Bernhard
- Author : Supreme Court of Washington
- Release Date : January 30, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The State of Washington challenges the trial court's power under the Sentencing Reform Act of 1981 (SRA), RCW 9.94A, to sentence Dean Allen Bernhard, a defendant with a prior criminal record, to an inpatient drug treatment facility. According to the State, under a standard SRA sentence, the trial court has no authority to specify the confinement facility. In addition, the State argues that the authority to impose an exceptional sentence refers only to the duration, not to the conditions, of the sentence imposed. We reject both of the State's arguments. Under the SRA and the City and County Jails Act (CCJA), RCW 70.48, the trial court has limited authority to select an available county facility for defendants sentenced to confinement of 1 year or less. As to Bernhard's sentence, we agree with the Washington Sentencing Guidelines Commission and hold that the power to impose an exceptional community supervision sentence includes authority to name exceptional conditions. We hold further that the exceptional sentence imposed in this case was justifiable.
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