Washington v. Sims
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Petitioner Jack Sims appealed only part of his sentence stemming from child molestation charges. As his defense against the charges, Petitioner argued that the contact he had with the victim was an isolated event, and that the evidence supported his contention at trial. The Department of Corrections recommended Petitioner receive a “special sex offender sentencing alternative” (SSOSA) sentence. The recommendation was supported by testimony from an expert that opined that Petitioner had a very low risk of re-offending. The trial court ordered a lifetime “no-contact” order, and banished Petitioner from the city and county in which the victim lived. Petitioner challenged the banishment portion of his sentence, arguing that it was unconstitutional. The Supreme Court agreed that the sentence was unconstitutional, and concluded that the proper remedy in this case would be a resentencing for the limited purpose of narrowly tailoring the geographic condition of Petitioner’s SSOSA sentence that banished him from the county. The court remanded the case to the trial court for further proceedings.
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