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HeadsUp for Washington State: Court Opinions From Wednesday, February 18, 2015

Wednesday, February 18, 2015

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Division Two of the Court of Appeals filed 5 new published opinions and Division Three filed no new opinions on Wednesday, February 18, 2015:

Division Two:

1. State v. Smith
No. 45432-7
(February 18, 2015)
2015 Wash. App. LEXIS 327 (

2015 Wash. App. LEXIS 327 (Lexis Advance)


Brief: The sex offender registration statute, RCW 9A.44.130, is constitutional, and sufficient evidence supports defendant's conviction of failure to register.

2. Protect Peninsula's Future v. Growth Mgmt. Hearings Bd.
No. 45459-9
(February 18, 2015)
2015 Wash. App. LEXIS 332 (

2015 Wash. App. LEXIS 332 (Lexis Advance)


Brief: Under the plain language of RCW 36.70A.735(1)(b), the legislature chose to distinguish alternative pathways to Growth Management Act (GMA) compliance for counties that have elected to participate in the Voluntary Stewardship Program (VSP) and counties that have not, and only the VSP counties can comply with the GMA by adopting Clallam County's regulations. Therefore, the statute does not reflect a legislative determination that Clallam County's regulations unconditionally comply with the GMA's critical areas protection requirements.

3. State v. McDaniel
No. 44972-2
(February 18, 2015)
2015 Wash. App. LEXIS 328 (

2015 Wash. App. LEXIS 328 (Lexis Advance)


Brief: The felony murder statute is not ambiguous and clearly includes a deadly assault as a predicate offense.

4. State v. Ashley
No. 45173-5
(February 18, 2015)
2015 Wash. App. LEXIS 330 (

2015 Wash. App. LEXIS 330 (Lexis Advance)


Brief: The trial court did not err in counting the prior attempted second degree assault juvenile adjudication as one point in defendant's offender score.

5. State v. Weller / State v. Weller
No. 44726-6
(February 18, 2015)
2015 Wash. App. LEXIS 329 (

2015 Wash. App. LEXIS 329 (Lexis Advance)


Brief: Defendants appealed their multiple convictions for various degrees of assault and unlawful imprisonment, as well as their exceptional sentences. The convictions arose from their abuse of their 16-year-old twins, which included multiple beatings with a board and food deprivation. The Court of Appeals holds that the trial court did not err in failing to suppress the board that officers seized from defendants' garage because the community caretaking function and plain view exceptions to the warrant requirement were applicable. In addition, the deliberate cruelty aggravating factor was valid to support the trial court's exceptional sentence but the ongoing pattern of abuse aggravating factor was not. Because the record does not reveal whether the trial court would have imposed the same exceptional sentences based only on the deliberate cruelty aggravating factor, the Court of Appeals remands for resentencing.

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