The State of Washington, Respondent v. John P. Nordby, Appellant

Summary

The Washington Supreme Court, En Banc, affirmed John Nordby's 16-month exceptional sentence for vehicular assault, which exceeded his 6-to-12-month presumptive range. Applying the two-part review of RCW 9.94A.210(4)(a), the court held the trial court's findings were supported by the record and that, as a matter of law, the victim's particular vulnerability as a defenseless pedestrian and Nordby's intentional act of grabbing the steering wheel were substantial and compelling reasons justifying departure, while the seriousness of the victim's injuries was not because it is an element of the offense already reflected in the presumptive range. Justice Utter, joined by Justices Pearson and Goodloe, dissented, contending that pedestrian vulnerability is not exceptional and that reliance on unproven intent violated RCW 9.94A.370's real facts policy absent an evidentiary hearing.