Tales From the Trenches Juvenile Capacity “I Didn’t Understand/I Did Understand” State v Cruz [Division I unpublished 86263-4-1]

Jonathan Cruz was 11 years old in 2016 when he allegedly had sexual contact with 5 year old J.Z. Six years late,  J.Z. had a triggering event that caused him to remember the incident. The State charged Mr. Cruz, then 17, as an adult with Rape of a Child in the First Degree. The Court Read More…

Tales From the Trenches Perils of Representing Oneself?!? State v Chhim [Division II : 59710-1-II]

  Mr. Chhim was convicted of two separate crimes in two consecutive trials involving two different alleged victims. Mr. Chhim appealed on the grounds: 1) the trial court denied his motion to represent himself and 2) jurors in the second trial saw juror notes left over from the first trial! The Court of Appeals for Read More…

TALES FROM THE TRENCHES Prior Convictions From Another Country Aren’t Counted In WA Offender Score State v. Matthew Lewis #102910-1

To limit judges’ sentencing discretion, with a few recognized exceptions, the Sentencing Reform Act of 1981 (‘SRA’) provides appropriate ‘times for crimes’, based on an individual’s particular crime and prior convictions. Priors do include ‘out-of-state’ convictions. RCW 9.94A.525. Mr. Lewis pleaded guilty to multiple child porn counts. He had six prior convictions: 3 from Washington Read More…