State v. Ryan
252 P.3d 895
Wash. Ct. App.2011Background
- June 2009 domestic-violence incident; Ryan threatened White with a knife, then cut his own leg and left; police found Ryan intoxicated with knife on him; charges: second degree assault and felony harassment; state alleged aggravating factors: domestic violence, pattern of abuse, and weapon; jury convicted on all counts and court imposed exceptional sentences of 70 and 60 months; issue on appeal concerns the unanimity instruction for sentencing verdicts and exclusion of evidence; opinion holds the unanimity instruction was error and requires vacating exceptional sentences and remanding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unanimity instruction on sentencing verdicts error | Ryan—unanimity required for affirmative findings on aggravators | State—unanimity required on affirmative findings only, not negatives | Unanimity instruction for sentencing verdicts error; vacate |
| Applicability of Bashaw to aggravating circumstances | Bashaw supports treating unanimity error as constitutional | Bashaw applies only to sentencing enhancements, not aggravators | Bashaw applies; treat as constitutional error for aggravating findings |
| Remedy and retrial prospects after reversal | Exceptional sentences should be vacated and remanded | Retrial concerns balanced by finality concerns | Vacate Ryan's exceptional sentences; remand for proceedings consistent with opinion |
Key Cases Cited
- State v. Bashaw, 169 Wash.2d 133 (2010) (unanimity error in sentencing verdicts; due process concerns; not harmless beyond a reasonable doubt)
- State v. Goldberg, 149 Wash.2d 888 (2003) (unanimity requirement for verdicts; limits on answering special verdicts)
- State v. O'Hara, 167 Wash.2d 91 (2009) (concerning preservation and harmless error standards for instruction issues)
- Neder v. United States, 527 U.S. 1 (1999) (standard for harmless error analysis)