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Washington Supreme Court weighs whether resentencing must be full and whether restitution is an excessive fine
Summary
At oral argument in State v. James Ellis, the court heard competing views on whether vacation of a prior conviction required a full de novo resentencing that would allow youth and rehabilitation evidence and whether a $7,000-plus restitution order functions as a punitive fine under the Eighth Amendment.
Olympia — The Washington State Supreme Court heard argument Tuesday in State of Washington v. James Ellis over whether a resentencing tied to a prior conviction vacated under Blake requires a full, de novo sentencing and whether the restitution portion of Ellis’s punishment is an "excessive fine."
Beverly Tsai, an attorney with the Washington Appellate Project representing Ellis, told the justices the resentencing that followed the vacation of a prior drug-possession conviction changed his offender score and "the entire scope of sentencing," and that the trial court erred by refusing to hear mitigating evidence about the defendant’s youth and rehabilitation. "Restitution is punishment," Tsai said, and "the amount in this case is grossly disproportionate and…
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