State v. Theroff

Washington Supreme Court

Decided December 31, 1980

Washington Supreme Court · decided 1980-12-31

Relies on 85 Wash. 2d 45 - State v. Cosner

Good law ✅— No negative treatment on recordhow we know

Decided 1980-12-31

How this case has been cited

Cited by 165 later decisions — most recently May 2021 · most notably 119 Wash. 2d 192 - State v. Salinas (1992), 100 Wash. 2d 421 - Petersen v. State (1983)

3 federal appellate · 162 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Rosellini, J.

¶1(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.

¶2It 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 Cosnercase has not been followed. However, actual notice to seek the enhanced penalty was understood by everyone.

¶3There has been no miscarriage of justice, and I would affirm the enhanced penalty.

¶4Dolliver, J., concurs with Rosellini, J.

¶5Reconsideration denied February 13, 1981.