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State v. McAlpin

Washington Supreme Court

740 P.2d 824 (1987)

Facts

Douglas McAlpin (defendant) entered a plea agreement with the state (plaintiff) and pleaded guilty to first-degree robbery. McAlpin also confessed to involvement in additional burglaries and criminal trespasses but was not charged with these crimes because McAlpin agreed to make restitution. A presentence investigation report showed that McAlpin had an extensive juvenile record, including five felony convictions before McAlpin turned 15 years old, two second-degree theft convictions when McAlpin was between 15 and 18 years old, and several additional felony arrests that prosecutors handled informally. The presumptive sentencing range for first-degree robbery was 46 to 61 months. The sentencing statute permitted the court to consider the seriousness of the crime and the offender’s criminal history when sentencing the defendant. The sentencing statute limited consideration of criminal history to current convictions and prior juvenile convictions for offenses committed when the defendant was between 15 and 18 years old. The state recommended the maximum of 61 months. The trial court sentenced McAlpin to 90 months. McAlpin appealed the sentence.

Rule of Law

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Issue

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Holding and Reasoning (Callow, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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