State v. Ammons

Decision Date13 May 1986
Docket NumberNos. 51550-6,51580-8 and 51587-5,s. 51550-6
Citation718 P.2d 796,105 Wn.2d 175
PartiesThe STATE of Washington, Respondent, v. Roy Lee AMMONS, et al., Appellants.
CourtWashington Supreme Court
ORDER

CHANGING OPINION

Page 191

DOLLIVER, Chief Justice.

It is hereby ordered that the opinion in the above cause, as the same appears at 105 Wash.2d 175, 713 P.2d 719, be changed as follows:

1. That portion of the first incomplete paragraph on page 189, 713 P.2d on page 727 beginning with the word "Garrett" in the third line from the top of page 189, 713 P.2d page 727 and ending with the word "relief" in the eighteenth line from the top of page 189, 713 P.2d page 727 is deleted, and the following sentences are inserted in its place:

Garrett argued that the guilty plea form failed to show that he was aware of his right to remain silent, failed to set forth the elements of the crime of burglary, failed to set forth the consequences of pleading guilty and failed to include a sufficient factual basis for the plea. A determination as to the validity of these issues cannot be made from the face of the guilty plea form. Garrett must pursue the usual channels for relief.

2. The two sentences beginning with the word "Similar" in the eighteenth line from the bottom of page 189, 713 P.2d page 727 and ending with the word "courts," in the fifteenth line from the bottom of page 189, 713 P.2d page 727 are deleted, and the following sentences are inserted in their place:

The plea on its face does not show the constitutional safeguards were not provided. Similar to Garrett, Barton's recourse is to the appellate courts.

3. The sentence beginning with the word "Ammons" in the sixth line from the bottom of page 189, 713 P.2d page 727 is deleted, and the following sentence is inserted in its place: "The validity of that claim cannot be determined facially."

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398 cases
  • State v. Wilson
    • United States
    • Washington Court of Appeals
    • August 22, 2002
    ...conviction by a preponderance of the evidence. Ford, 137 Wash.2d at 479-80, 973 P.2d 452; RCW 9.94A.110; see also State v. Ammons, 105 Wash.2d 175, 186, 713 P.2d 719, 718 P.2d 796 (1986). The State must provide reliable evidence establishing the accuracy of the offender score calculation. F......
  • State v. Rowland
    • United States
    • Washington Court of Appeals
    • September 25, 2018
    ...those convictions." State v. Thompson, 143 Wn.App. 861, 866, 181 P.3d 858 (2008); State v. Ammons, 105 Wn.2d 175, 187, 713 P.2d 719, 718 P.2d 796 (1986). Accordingly, "the constitutional validity of the convictions is generally not subject to challenge in sentencing proceedings." State v. J......
  • State v. Sanchez
    • United States
    • Washington Supreme Court
    • May 9, 2002
    ...does not prevent an appellant from challenging the procedure used by the court to impose a standard range sentence. State v. Ammons, 105 Wash.2d 175, 183, 713 P.2d 719; 718 P.2d 796, cert. denied, 479 U.S. 930, 107 S.Ct. 398, 93 L.Ed.2d 351 (1986). Sanchez challenges the procedure; namely, ......
  • State v. Ross
    • United States
    • Washington Supreme Court
    • August 12, 2004
    ...the conviction would be a felony under Washington law. 137 Wash.2d at 479-80, 973 P.2d 452 (citation omitted) (citing State v. Ammons, 105 Wash.2d 175, 186, 713 P.2d 719, 718 P.2d 796 (1986); former RCW 9.94A.360(3) (1998); State v. Cabrera, 73 Wash.App. 165, 168, 868 P.2d 179 (1994)). Furt......
  • Request a trial to view additional results
3 books & journal articles
  • The Constitutional Validity of the Modification of Joint and Several Liability in the Washington Tort Reform Act of 1986 Gregory C. Sisk
    • United States
    • Seattle University School of Law Seattle University Law Review No. 13-03, March 1990
    • Invalid date
    ...v. King County, 9 Wash. App. 50, 510 P.2d 659 (1973) (testimonial privileges); State v. Ammons, 105 Wash. 2d 175, 713 P.2d 719, amended, 718 P.2d 796 (Sentencing Reform Act limiting discretion of judges in criminal sentencing), cert denied, 479 U.S. 930 252. 4 Wash. App. 179, 480 P.2d 216 (......
  • Table of Cases
    • United States
    • Washington State Bar Association Washington Appellate Practice Deskbook (WSBA) Table of Cases
    • Invalid date
    ...Alvarado, 164 Wn.2d 556, 192 P.3d 345 (2008): 12.8(14) State v. A.M., 109 Wn. App. 325, 36 P.3d 552 (2001): 4.3(14)(e) State v. Ammons, 105 Wn.2d 175, 713 P.2d 719, 718 P.2d 796, cert. denied, 479 U.S. 930 (1986): 26.4(3) State v. Amos, 147 Wn. App. 217, 195 P.3d 564 (2008): 4.3(1)(c) State......
  • Chapter § 26.4 Accelerated Review
    • United States
    • Washington State Bar Association Washington Appellate Practice Deskbook (WSBA) Chapter 26 General Procedural and Supplemental Provisions
    • Invalid date
    ...adopted by the Supreme Court. The court upheld the substantive provisions in the statute in State v. Ammons, 105 Wn.2d 175, 713 P.2d 719, 718 P.2d 796, cert. denied, 479 U.S. 930 The Supreme Court adopted RAP 18.15 to provide a procedure for accelerated review of sentencing in adult cases. ......

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