Facts: Petitioner Troy Stubbs was convicted of first degree assault in the Superior Court for Pend Oreille County. As the assault had left the victim paralyzed, the trial court imposed an exceptional sentence pursuant to Washington Revised Code §9.94A.535 on grounds that the injury inflicted substantially exceeded the level of bodily harm necessary to establish the element of great bodily harm. Stubbs subsequently appealed his sentence, asserting that no injury short of death can substantially exceed great bodily harm. The Washington Court of Appeals affirmed Stubbs’s sentence. Stubbs appealed this decision to the Supreme Court of Washington.

Question(s): Does the infliction of bodily harm in excess of that necessary to establish first degree assault provide a basis for imposing an exceptional sentence pursuant to §9.94A.535?

Conclusion: Justice Alexander’s opinion for the Court reversed the Washington Court of Appeals, concluding that the injury inflicted by Stubbs was not greater than that contemplated by the legislature in setting the standard sentencing range for the offense of first degree assault as no injury short of death can substantially exceed great bodily harm. Thus, the Court vacated Stubbs’s sentence and remanded the case for resentencing.

Docket No. 81650-6 (from Court of Appeals Division III Case No. 25475-5)

Petitioner: Troy Stubbs

(Counsel: David N. Gasch and Susan F.)

Respondent: State of Washington

(Counsel: Antonio Demetrious Koures)

Briefs:

Argument: Tuesday, March 9, 2010 2:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, October 7th, 2010

Prevailing Party: Troy Stubbs (Petitioner)

Vote: 8-1

Citation: Pending

Court: Madsen1 Court (2010-2011)

Madsen

Johnson

Alexander
(Majority)

Sanders

Chambers

Owens

Fairhurst

Johnson
(Dissent)

Stephens

Opinion

Dissent