9.94A.200  <<  TOC  >> 9.94A.220

Chapter 9.94A RCW
Sentencing Reform Act of 1981
Applicable to Crimes Committed From July 26, 1987 to March 7, 1988

072687_030788

RCW 9.94A.210
Which sentences appealable -- Procedure -- Grounds for reversal -- Written opinions.

(1) A sentence within the standard range for the offense shall not be appealed. For purposes of this section, a sentence imposed on a first offender under RCW 9.94A.120(5) shall also be deemed to be within the standard range for the offense and shall not be appealed.

(2) A sentence outside the sentence range for the offense is subject to appeal by the defendant or the state. The appeal shall be to the court of appeals in accordance with rules adopted by the supreme court.

(3) Pending review of the sentence, the sentencing court or the court of appeals may order the defendant confined or placed on conditional release, including bond.

(4) To reverse a sentence which is outside the sentence range, the reviewing court must find: (a) Either that the reasons supplied by the sentencing judge are not supported by the record which was before the judge or that those reasons do not justify a sentence outside the standard range for that offense; or (b) that the sentence imposed was clearly excessive or clearly too lenient.

(5) A review under this section shall be made solely upon the record that was before the sentencing court. Written briefs shall not be required and the review and decision shall be made in an expedited manner according to rules adopted by the supreme court.

(6) The court of appeals shall issue a written opinion in support of its decision whenever the judgment of the sentencing court is reversed and may issue written opinions in any other case where the court believes that a written opinion would provide guidance to sentencing judges and others in implementing this chapter and in developing a common law of sentencing within the state.

[1984 c 209 § 13; 1982 c 192 § 7; 1981 c 137 § 21. Recodified in 2001 as RCW 9.94A.585.]

NOTES:

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

Effective date -- 1981 c 137: See RCW 9.94A.905.

9.94A.200  <<  TOC  >> 9.94A.220
 

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