Summary
In State v. Murray, noted at 188 Wn.2d 1020 (2017), granting review and heard by our Supreme Court in November 2017, the court granted discretionary review of whether, in light of cases decided after State v. Baldwin, 150 Wn.2d 448, 78 P.3d 1005 (2003), aggravating sentencing factors are subject to void for vagueness challenges.
Summary of this case from State v. DegraffeOpinion
No. 94346-0
08-02-2017
ORDER
¶ 1 A Special Department of the Court, composed of Chief Justice Fairhurst and Justices Madsen, Owens, Wiggins and Gordon McCloud, considered at its August 1, 2017, Motion Calendar, whether review should be granted pursuant to RAP 13.4(b), and unanimously agreed that the following order be entered.
¶ 2 IT IS ORDERED:
¶ 3 That the petition for review is granted only on the issues of (1) the sexual motivation aggravating factor and (2) the vagueness challenge to the "rapid recidivism" aggravating factor. Any party may serve and file a supplemental brief within 30 days of the date of this order, see RAP 13.7(d).
For the Court
/s/ Fairhurst, C.J. CHIEF JUSTICE