The court’s ruling came in DOC’s appeal of restrictions on prisoner Marcus L. Jacquette’s sentence of 123 months for second-degree murder. The sentencing court ordered that the sentence “shall be served in Nevada, or state other than Washington or California, due to security risk regarding safety of [the] defendant.”
After sentencing, the county jail sent Jacquette directly to the Nevada DOC, but he was returned to the Washington DOC on May 15, 2008, and appealed the trial court’s sentencing restriction.
Finding that RCW 72.02.240 rests sole authority in prison officials to determine the prison a prisoner will serve the sentence within, the appeals court remanded for resentencing. This is an unpublished opinion. See: In re Postsentence Review of Jacquette, Washington State Appeals Court, Division three, No. 27325-3-III.
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Related legal case
In re Postsentence Review of Jacquette
|Cite||Washington State Appeals Court, Division three, No. 27325-3-III|
|Level||State Court of Appeals|