Certainly, after the officers arrived on the scene of the suspected burglary and ascertained that a burglary had in fact been committed, that blood had been deposited on a broken window, that defendant Byers had a fresh cut on his hand, and that Mr. Ellis recognized the noisy exhaust of th...
or in an attempt to commit, or in withdrawing from the scene of, a felony other than those enumerated in RCW 9.48.030 [robbery, rape, burglary, larceny or arson in the first degree].
the State argues correctly that prior to the SRA, only correctional authorities had the power to determine in which facility a defendant would be confined. Under the old sentencing scheme, once Bernhard pleaded guilty to second degree burglary, he became a class B felon (RCW 9 A. 52.030(2))...
Appellant was convicted of second degree burglary in 1972 and of rape and trespass in 1977. He has been incarcerated since August 1977 at the Washington State Penitentiary at Walla Walla, serving a maximum sentence of 37 years. His minimum term release date is December 7, 1985. Prior to his...
The Johnson court required the State to prove proximity to the weapon and to show that a sufficient nexus between the weapon, the crime, and the defendant existed to establish that the defendant was "armed" for purposes of former RCW 9.94 A. 125. The Court of Appeals reasoned: "Simply con...