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Sentencing (Non-LFO)

Retroactivity of 364 Day Maximum Sentence for Misd. (2011)

This brief argues the law reducing the maximum punishment for misdemeanors from 365 days to 364 days is retroactive. Thanks to the Northwest Defender Association in King County.

Retroactivity of I-502 (Marijuana Legalization)(2012)

This brief argues that I-502, legalizing possession of marijuana, is retroactive. Thanks to Yvonne Ward for this brief.

Exceptional Sentence FOF COL – Conduct at Low End of Range/de minimus

Judge finds conduct at low end of range in shoplift from Walmart following trespass admonishment. Thanks to Victoria Blumhorst of Spokane County Public Defense

Exceptional Sentence Down – Conduct at Low End of Range/de minimus

This brief argues for a departure from the standard range in a second degree burglary where the allegation involves shoplift at Walmart of small value items after trespass admonishment issued. Thanks to Victoria Blumhorst of Spoka...

Exceptional Sentence/Mitigated Revocation POSA- Raciallly Biased Policing

In this memo, defense argues that a sanction for revocation of POSA should be mitigated by the client’s recent history as a domestic violence victim, recent success in accessing supportive services, and as a victim of downto...

Exceptional Sentence Down-Racially Biased Policing (FOF/COL)(2015)

This is the FOF/COL for a departure downward on a POSA revocation based on (1) past convictions were the product of racially biased policing in downtown Seattle, and (2) client’s history as a victim of domestic violence. Tha...

Felony Involving Vehicle- No Basis to Revoke License

This brief argues the court can not revoke a driver’s license based on a conviction for possession of a stolen car. Thanks to Chad Dold

Defendant’s Sentence Recommendation

A blank memorandum you can plug your case details into.

Score-Comparability:AZ Burglary and Forgery Not Comparable

This sentencing memorandum argues that two prior Arizona convictions are not comparable and do not count in the offender score- forgery and burglary. Thanks to Edwin Aralica

Exceptional Sentence Down – Mental Impairment/Multiple Offense Policy

This brief argues the court should depart from the standard range in 9 robbery charges due to mental illness and excessive sentence based on multiple offense policy. The defendant had no prior criminal history but decompensated an...