In re Pers. Restraint of Eastmond (Dissent)

State: Washington

Docket No: 81939-4

Case Date: 02/02/2012

Supreme Court of the State of Washington

Opinion Information Sheet

Docket Number:	81939-4
Title of Case:	In re Pers. Restraint of Eastmond
File Date:	02/02/2012
Oral Argument Date:	10/11/2011

SOURCE OF APPEAL
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Date first document (petition, etc) was filed at Supreme Court: 08/04/2008

JUSTICES
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Barbara A. Madsen	Signed Majority
Charles W. Johnson	Dissent Author
Tom Chambers	Signed Majority
Susan Owens	Majority Author
Mary E. Fairhurst	Signed Majority
James M. Johnson	Signed Majority
Debra L. Stephens	Signed Majority
Charles K. Wiggins	Signed Majority
Steven C. González	Did Not Participate
Gerry L Alexander	Signed Dissent

COUNSEL OF RECORD
-----------------

Counsel for Petitioner(s)
	Suzanne Lee Elliott
	Attorney at Law
	Hoge Building
	705 2nd Ave Ste 1300
	Seattle, WA, 98104-1797
Counsel for Respondent(s)
	Thomas Marshal Curtis
	Snohomish County Pros Ofc
	3000 Rockefeller Ave # 504
	Everett, WA, 98201-4060

	Seth Aaron Fine
	Attorney at Law
	Snohomish Co Pros Ofc
	3000 Rockefeller Ave
	Everett, WA, 98201-4060

			

In re PRP of Eastmond (James)

                                        No.  81939-4

       C. JOHNSON, J. (dissenting)?The majority concludes correctly that it 

was constitutional error for the sentencing court to impose a firearm 

sentence enhancement when the jury did not determine that the defendant 

was armed with a firearm.  It then concludes, incredibly, that the defendant 

was not prejudiced by the unconstitutional imposition of 120 additional 

months of imprisonment for the firearm enhancements.  The defendant in 

this case was sentenced for something the jury did not convict him of.  If 

being sentenced and serving time for something the jury did not find does 

not amount to actual prejudice, it is hard to imagine what would. 

In re PRP of Eastmond (James), No. 81939-4

AUTHOR:
       Justice Charles W. Johnson

WE CONCUR:
       Gerry L. Alexander, Justice Pro Tem.

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