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STATE v. JEANNOTTE

No. 65169-8.

947 P.2d 1192 (1997)

133 Wash.2d 847

STATE of Washington, Respondent, v. John Jay JEANNOTTE, Appellant.

Supreme Court of Washington, En Banc.

Decided December 11, 1997.

Attorney(s) appearing for the Case

Phelps & Associates, Douglas D. Phelps, Spokane, for Appellant.

James Sweetser, Spokane County Prosecutor, Carlin M. Jude, Deputy County Prosecutor, Spokane, for Respondent.

TALMADGE, Justice.

We are asked to determine if a trial court may impose an exceptional sentence below the standard range on the basis of a failed defense when the jury has explicitly rejected such defense in rendering its verdict. We hold the Sentencing Reform Act of 1981(SRA), RCW 9.94A, explicitly authorizes a trial court to treat a failed defense as a mitigating factor supporting an exceptional sentence below the standard range. We affirm the decision of the Court...

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