Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1971 NO. 39 > Dec 1 1971

A court, upon granting a suspended sentence under RCW 9.92.060 to a person who has been convicted of a crime rendering him eligible for such a suspended sentence, may not establish a termination date therefor which is later than the time the sentence imposed would have elapsed if it were not suspended, even though the sentence actually imposed was less than the maximum sentence permitted for the crime in question.

AGLO 1973 NO. 45 > Apr 6 1973

A person who upon being convicted in this state of first degree murder was sentenced to death under RCW 9.48.030, but whose sentence was thereafter commuted to life imprisonment by the governor, may be granted a parole under RCW 9.95.115, in the absence of anything to the contrary in the governor's commutation order.

AGLO 1977 NO. 47 > Oct 26 1977

(1) The term "victim," for purposes of the state crime victims compensation act, does not include those persons who have sustained only property losses as a result of a felony or gross misdemeanor. (2) Under the provisions of § 10(1), chapter 302, Laws of 1977, 1st Ex. Sess., the court is to impose a $25 penalty assessment after conviction of a felony or gross misdemeanor involving a "victim" even if the punishment for the crime involves only incarceration.

AGO 1959 NO. 50 > Jul 1 1959

(1)  A deferred or suspended sentence is not a prior conviction when it has been dismissed under RCW 9.95.240 -AGO 57-58 No. 106 [[to Board of Prison Terms and Paroles on August 2, 1957]]; (2)  A deferred or suspended sentence is a prior conviction if the same has not been revoked or dismissed.

AGLO 1974 NO. 53 > May 6 1974

Even though a stepfather is now obligated under chapter 207, Laws of 1969, Ex. Sess., to furnish necessary food, clothing, shelter and medical attendance for his stepchildren, the natural father of those children may still be subjected to a criminal prosecution for nonsupport under RCW 26.20.030 for failing to make court ordered child support payments.

AGO 1961 NO. 57 > Aug 17 1961

The various subsections of § 1, chapter 262, Laws of 1961 (RCW 58.18.010), became operative only where the requisite maps are maintained by the assessor and he has, with the permission of the county commissioners, filed an assessor's plat.

AGO 1962 NO. 92 > Jan 29 1962

A stipulation between counsel at the time of trial that a deadly weapon was used in the commission of the crime cannot be construed as being a finding of fact by the court or a special verdict by the jury that a deadly weapon as defined by RCW 9.95.040 was used in the commission of the crime charged as required by § 1, chapter 138, Laws of 1961, and should not be used by the board in fixing a mandatory minimum term of confinement under RCW 9.95.040.

AGLO 1975 NO. 93 > Dec 5 1975

Where a person upon being convicted of a particular crime has been placed on probation with a suspended sentence under RCW 9.95.210, the order thus granting probation may be revoked or modified after the expiration of the period of probation specified therein but before the date upon which the maximum term of the sentence imposed would have been completed if the execution of that sentence had not been deferred.

AGLO 1975 NO. 98 > Dec 26 1975

In the case of a person convicted of three counts of armed robbery and found to be an habitual criminal because of previous convictions also involving the use of a fire arm, with the maximum sentences imposed by the court being ordered to run consecutively on two counts and concurrently as to the third, the minimum term of confinement which may be fixed by the board of prison terms and paroles under either RCW 9.41.025 or RCW 9.95.040 is one of fifteen years.

AGO 1960 NO. 115 > Apr 28 1960

Where a person is convicted of a crime in justice court and his appeal to the superior court is subsequently dismissed for want of prosecution, sentence may be imposed by the superior court or the case may be returned to the justice court for execution of the original sentence.