Washington Supreme Court

The State of Washington v. James L. Griffin

January 5, 2012173 Wash. 2d 467

Summary

The Washington Supreme Court held that a fact‑finding hearing under RCW 9.94A.537 is not exempt from the Washington Rules of Evidence, so the rules apply to the determination of the statutory aggravating circumstance. Because the trial court relied on inadmissible hearsay to find the aggravating circumstance, the Court vacated Griffin’s exceptional sentence and remanded for resentencing.

Holding

  • Whether a fact‑finding hearing under RCW 9.94A.537 is a “sentencing” hearing exempt from the Washington Rules of Evidence under ER 1101(c)(3).. No; the rules of evidence apply to the fact‑finding hearing under RCW 9.94A.537.
  • Whether Griffin’s exceptional sentence must be vacated because the aggravating circumstance was supported only by inadmissible hearsay.. Yes; the sentence is vacated and the case remanded for resentencing because the sole evidence of the aggravating circumstance was inadmissible hearsay.

Docket No. 84554-9

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