# State v. Ferguson

> Washington Supreme Court · January 4, 2001 · 142 Wash. 2d 631

URL: https://www.frixlaw.com/law-library/cases/4711950

## Case

- **Full name:** The State of Washington v. Randall Louis Ferguson
- **Court:** Washington Supreme Court
- **Decided:** January 4, 2001
- **Citations:** 142 Wash. 2d 631; 15 P.3d 1271
- **Precedential status:** Published
- **Opinion:** Concurrence by Grosse
- **Judges:** Grosse, Smith
- **Cited by:** 50 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4711950

## Opinion text

Grosse, J. *
(concurring) — I concur in the result only. The majority opinion sweeps too broadly in its condemnation of this exceptional sentence.
On these facts, I agree that the record does not support the trial court’s reasons for an exceptional sentence. There was no conduct on the part of the defendant during the crime for which he was charged that distinguishes it from the conduct proscribed by the statute. However, I believe that the majority opinion can, but should not, be read to prohibit a finding of deliberate cruelty with regard to any charge including the element of intent, not just intentionally transmitting the human immunodeficiency virus (HIV). I am certain that was not the majority’s intent.
Reconsideration denied February 21, 2001.
Judge C. Kenneth Grosse is serving as a justice pro tempore of the Supreme Court pursuant to Const, art. IV, § 2(a).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4711950. Public record. Not legal advice.