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.
Petitioner: Troy Stubbs
(Counsel: David N. Gasch and Susan F.)
Respondent: State of Washington
(Counsel: Antonio Demetrious Koures)
Argument: Tuesday, March 9, 2010 2:30pm
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, October 7th, 2010
Prevailing Party: Troy Stubbs (Petitioner)
Court: Madsen1 Court (2010-2011)
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.