Washington v. Aldana Graciano
Annotate this CaseThe issue before the Supreme Court in this case concerned the conflicting authority on which the standard of review applies to a sentencing court's determination of "same criminal conduct" under RCW 9.94A.589(1)(a). Defendant Julio Cesar Aldano Graciano was charged by amended information with four counts of first degree rape of a child and two counts of first degree child molestation relating to E.R. The jury was instructed that a guilty verdict required unanimous agreement on which act was proved beyond a reasonable doubt. The jury was further instructed that the acts constituting each count must be separate and distinct from one another. The jury found Defendant guilty on all counts. Furthermore, the jury found Defendant not guilty of the molestation charge relating to a second child, J.R. At sentencing, defense counsel argued the crimes should have been considered the "same criminal conduct" under RCW 9.94A.589(1)(a) for purposes of calculating Defendant's offender score. Both Defendant and the State sought review of the trial court's sentence. The Court of Appeals (Division Two) reviewed the trial court's determination de novo, adopting the reasoning of Division Three in "Washington v. Torngren," (196 P.3d 742 (2008)). The Torngren Court acknowledged a long line of precedent stating the proper standard is abuse of discretion but held that a de novo standard “seem[s] more appropriate." The Supreme Court disagreed. The Court reaffirmed that determinations of same criminal conduct are reviewed for abuse of discretion or misapplication of law, and concluded that the sentencing judge acted within her discretion in declining to find that Defendant's crimes constituted the same criminal conduct. The Court reversed the appellate court and reinstated the trial court's sentence.
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