9.94A.360  <<  TOC  >> 9.94A.380

Chapter 9.94A RCW
Sentencing Reform Act of 1981
Applicable to Crimes Committed From April 4, 1986 to June 30, 1986

040486_063086

RCW 9.94A.370
Standard sentence range.

The intersection of the column defined by the offender score and the row defined by the offense seriousness score determines the presumptive sentencing range (see RCW 9.94A.310, (Table 1)). The additional time for deadly weapon findings shall be added to the entire presumptive sentence range. The court may impose any sentence within the range that it deems appropriate. All presumptive sentence ranges are expressed in terms of total confinement. In determining any sentence, the trial court may use no more information than is admitted by the plea agreement, and admitted to or acknowledged at the time of sentencing. Acknowledgement includes not objecting to information stated in the presentence reports. Where the defendant disputes material facts, the court must either not consider the fact or grant an evidentiary hearing on the point. The real facts shall be deemed proven at the evidentiary hearing by a preponderance of the evidence. Real facts that establish elements of a higher crime, a more serious crime, or additional crimes cannot be used to go outside the presumptive sentence range except upon stipulation.

[1984 c 209 § 20; 1983 c 115 § 8. Recodified in 2001 as RCW 9.94A.530.]

NOTES:

Effective dates -- 1984 c 209: See note following RCW 9.94A.030.

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