State v. Leo – Division II
Court: Washington Court of Appeals: Division II
Case No.: 49863-4-II
Hearing Date: N/A
Marvin Leo was a juvenile and under 18 at the time he was convicted of five counts of aggravated murder in a 2000 shooting at a restaurant that resulted in five deaths. Mr. Leo’s original sentence was mandatory Life Without Parole(LWOP). Under the Miller fix statute, RCW 10.95.030, he was brought back to the trial court to impose a new sentence after consideration of the Miller factors. The trial court imposed concurrent sentences, with a mandatory minimum of 40 years and a statutory max of life. The statute required the trial court to impose a mandatory minimum of 25 or more years, and a max of life, and is silent on what to do with more than one count. The State appealed the trial court’s sentence arguing the sentences must run consecutive.
The Counsel for Mr. Leo and The Korematsu Center argue that the State’s argument results in a de-facto life sentence and runs afoul of Miller, violating both the 8th Amendment and the WA State constitutional prohibition on cruel punishment.
No opinion available as of yet.