[Download] "Washington V. Stark" by Division Two Court of Appeals of Washington # eBook PDF Kindle ePub Free

July 14, 2021

eBook details

Title: Washington V. Stark
Author : Division Two Court of Appeals of Washington
Release Date : January 13, 1992
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

This is a consolidated appeal from a jury trial on one count and a bench trial on two counts of second degree assault. At both trials, Calvin Stark was found guilty of intentionally exposing his sexual partners to the human immunodeficiency virus (HIV), RCW 9A.36.021(1)(e). After the jury trial for which he was found guilty of one count, referred to as count 1, the trial court imposed an exceptional sentence. After the bench trial for which he was found guilty of two additional counts, referred to as counts 2 and 3, the trial court imposed concurrent standard range sentences. Stark contends that in both trials the State improperly used confidential information and presented insufficient evidence of intent to expose his sexual partners to HIV. He also challenges the constitutionality of the second degree assault statute as vague and contends that the exceptional sentence the court imposed for count 1 was unjustified. We affirm the convictions, but remand for resentencing on count 1.

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