# State v. Thorne

> Washington Supreme Court · August 8, 1996 · 129 Wash. 2d 736

URL: https://www.frixlaw.com/law-library/cases/4711054

## Case

- **Full name:** The State of Washington v. James M. Thorne, .
- **Court:** Washington Supreme Court
- **Decided:** August 8, 1996
- **Citations:** 129 Wash. 2d 736; 921 P.2d 514
- **Precedential status:** Published
- **Opinion:** Dissent by Sanders
- **Judges:** Guy, Madsen, Sanders
- **Cited by:** 329 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled — as noted by a later court.
- Negative treatments: 4
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4711054

## How later opinions describe it (automated extraction)

- stating that “[t]here is no constitutional requirement that a deadly weapon finding be made by the jury; if it is a sentencing factor, the sentencing court may make that finding”
- holding that there is no specific group targeted- by the legislation because “those with two convictions ... can avoid the enhanced sentence by not committing the third offense”
- holding a trial court could enter a firearm enhancement based on a deadly weapon verdict when the judge determined that the weapon was a firearm
- explaining that the POAA "is essentially a sentence enhancement statute which is based on the past criminal history of a defendant"
- noting in sentencing under the persistent offender section of the SRA the trial court determines the defendant’s criminal history by a preponderance of the evidence, and holding the only two relevant inquiries for such sentencing court are “whether certain kinds of prior convi…

## Opinion text

Sanders, J.
(dissenting) — I join Justice Madsen’s dissent, however, write separately to restate my view expressed in my dissenting opinion in State v. Rivers, 129 Wn.2d 697 , that the "Persistent Offender Accountability Act,” also known as "Three Strikes and You’re Out,” unconstitutionally imposes cruel punishment contrary to Washington Constitution article I, section 14, and is therefore invalid on its face.
Reconsideration denied October 24, 1996.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4711054. Public record. Not legal advice.