01A 2014 Adult Sentencing Manual 20150420 - Washington

1 The Caseload Forecast Council is not liable for errors or omissions in the Manual , for sentences that may be inappropriately calculated as a result of a practitioner's or court's reliance on the Manual , or for any other written or verbal information related to Adult or juvenile Sentencing . The scoring sheets are intended to provide assistance in most cases but do not cover all permutations of the scoring rules. If you find any errors or omissions, we encourage you to report them to the Caseload Forecast Council.

2 2014 Washington State Adult Sentencing Guidelines Manual Ver 2015420 i STATE OF Washington 2014 Washington State Adult Sentencing Guidelines Manual CASELOAD FORECAST COUNCIL John C. Steiger, PhD Executive Director The Caseload Forecast Council is not liable for errors or omissions in the Manual , for sentences that may be inappropriately calculated as a result of a practitioner's or court's reliance on the Manual , or for any other written or verbal information related to Adult or juvenile Sentencing .

3 The scoring sheets are intended to provide assistance in most cases but do not cover all permutations of the scoring rules. If you find any errors or omissions, we encourage you to report them to the Caseload Forecast Council. 2014 Washington State Adult Sentencing Guidelines Manual Ver 2015420 ii State of Washington Caseload Forecast Council Jeannie Darneille, Chair Washington State Senator Kevin Quigley Secretary, Dept. of Social and Health Services David Schumacher Director, Office of Financial Management Kevin Parker Washington State Representative Andy Hill Washington State Senator Derek Stanford Washington State Representative Council Staff John Steiger Executive Director Dave Bendemire Senior Caseload Forecaster Gongwei Chen Senior Caseload Forecaster Jennifer Jones Research Analyst Duc Luu Database and Sentencing Administration Manager Maria Hovde Senior Caseload Forecaster Elaine Deschamps Deputy Director Thuy Le Research Analyst Kathleen Turnbow

4 Confidential Secretary Ed Vukich Senior Caseload Forecaster The Caseload Forecast Council is not liable for errors or omissions in the Manual , for sentences that may be inappropriately calculated as a result of a practitioner's or court's reliance on the Manual , or for any other written or verbal information related to Adult or juvenile Sentencing . The scoring sheets are intended to provide assistance in most cases but do not cover all permutations of the scoring rules. If you find any errors or omissions, we encourage you to report them to the Caseload Forecast Council.

5 2014 Washington State Adult Sentencing Guidelines Manual Ver 2015420 iii ACKNOWLEDGMENTS The Caseload Forecast Council acknowledges the work of John Steiger, Jennifer Jones and Ed Vukich in updating, reviewing, proofing, and offering language and formatting suggestions for revisions in the current Manual . We also acknowledge Judge Kessler for providing use of the Criminal Caselaw Notebook for providing feedback and language suggestions. Hardcopies are no longer available, but electronic versions are available only from: or or The Caseload Forecast Council also appreciates the suggestions for improvements and additions to the Manual received from survey respondents.

6 We always welcome suggestions for making the Manual easier to use. Copyright 2015 State of Washington Caseload Forecast Council All rights reserved. Portions of this document may be reproduced without permission for non-commercial purposes. The Caseload Forecast Council is not liable for errors or omissions in the Manual , for sentences that may be inappropriately calculated as a result of a practitioner's or court's reliance on the Manual , or for any other written or verbal information related to Adult or juvenile Sentencing .

7 The scoring sheets are intended to provide assistance in most cases but do not cover all permutations of the scoring rules. If you find any errors or omissions, we encourage you to report them to the Caseload Forecast Council. 2014 Washington State Adult Sentencing Guidelines Manual Ver 2015420 iv TABLE OF CONTENTS ACKNOWLEDGMENTS .. iii USE OF THIS Manual .. 1 INTRODUCTION .. 3 SECTION 1 - FELONY OFFENSES AFFECTED BY 2014 SESSION LAW .. 5 SECTION 2 - CASE LAW RELATED TO THE Sentencing REFORM ACT.

8 11 Caselaw Review - 2014 -15 .. 11 Accomplice .. 11 Appeal .. 11 Arrest: Probable Cause .. 12 Arrest: Well-Founded Suspicion .. 12 Assault .. 13 Burglary .. 13 Competency .. 13 Confrontation .. 14 Counsel: Conflict of Interest .. 14 Counsel: Effective Assistance .. 15 Counsel: Right to .. 16 Counsel: Waiver .. 16 Deadly Weapon/Firearm .. 17 Diminished Capacity/Voluntary Intoxication .. 17 DISCOVERY .. 17 Domestic Violence .. 18 Double Jeopardy .. 18 DUI .. 18 DUI: Breath and Blood Tests, Implied Consent.

9 19 Evidence: DNA .. 19 Evidence: Hearsay and Exceptions .. 19 Evidence: Objections and Motions in limine .. 20 Evidence: Other Misconduct/404(b) .. 20 Evidence: Other Suspect .. 20 Evidence: Reputation and Character .. 21 Evidence: Scientific .. 21 The Caseload Forecast Council is not liable for errors or omissions in the Manual , for sentences that may be inappropriately calculated as a result of a practitioner's or court's reliance on the Manual , or for any other written or verbal information related to Adult or juvenile Sentencing .

10 The scoring sheets are intended to provide assistance in most cases but do not cover all permutations of the scoring rules. If you find any errors or omissions, we encourage you to report them to the Caseload Forecast Council. 2014 Washington State Adult Sentencing Guidelines Manual Ver 2015420 v Evidence: Sufficiency .. 21 Evidence Flight/Eluding .. 22 Information .. 23 Guilty Pleas .. 23 Identifications .. 24 Insanity .. 24 Instructions: Accomplice .. 25 Instructions: Defining Terms.