# State v. Theroff

> Washington Supreme Court · December 31, 1980 · 95 Wash. 2d 385

URL: https://www.frixlaw.com/law-library/cases/9551923

## Case

- **Full name:** The State of Washington, Respondent, v. Phillip Lee Theroff, Petitioner
- **Court:** Washington Supreme Court
- **Decided:** December 31, 1980
- **Citations:** 95 Wash. 2d 385; 622 P.2d 1240; 1980 Wash. LEXIS 1452
- **Precedential status:** Published
- **Opinion:** Concurrence by Rosellini
- **Judges:** Hicks, Rosellini
- **Cited by:** 161 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/9551923

## How later opinions describe it (automated extraction)

- holding that “[w]hen prosecutors seek enhanced penalties, notice of their intent must be set forth in the information. Our concern is more than infatuation with mere technical requirements”
- holding that failure to give notice of a sentencing enhancement prior to trial was a due process violation

## Opinion text

Rosellini, J.
(concurring in part; dissenting in part)— Mr. Theroff and his attorney were aware and had notice of the State's intent to seek the mandatory minimum sentence. No one was misled or deceived that the enhanced penalty would not be sought.
It seems to me that substance should prevail over form. I have great faith that the prosecutors will follow the rule in State v. Cosner, 85 Wn.2d 45 , 530 P.2d 317 (1975). In the few cases such as this one, the letter of the Cosner case has not been followed. However, actual notice to seek the enhanced penalty was understood by everyone.
There has been no miscarriage of justice, and I would affirm the enhanced penalty.
Dolliver, J., concurs with Rosellini, J.
Reconsideration denied February 13, 1981.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9551923. Public record. Not legal advice.