State ex rel. Lundin v. Superior Court
Citations
- 102 Wash. 600
Syllabus
<p>Criminal Law—Sentence—Power to Suspend—Statutes. Under Rem. Code, § 2280, authorizing suspension of sentence upon the conviction of a minor, and Id., § 2190, making it the mandatory duty of the court to pronounce sentence after verdict of guilty or finding against the defendant, the superior court has no power to suspend sentence upon a plea of guilty hy an adult.</p> <p>Mandamus—-When Lies—To Courts—Scope op Relief—Criminal Law—Sentence. Mandamus will not issue to compel the superior court to pronounce sentence upon a plea of guilty while the accused has the right at any time prior to final judgment to ask leave to withdraw the plea, under Rem. Code, § 2111, or to move in arrest of judgment under Id., § 2183.</p> <p>Same. Mandamus lies to compel the superior court to proceed to final judgment upon a plea of guilty in a criminal case, upon suspending sentence without authority; since its action was a refusal to proceed to final judgment, rather than the mere commission of error.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that \it is the 'combine[d]' omission of a proper pre- and post-verdict motion for acquittal that constitutes waiver\ (alteration in original) (emphasis added) (quoting United States v. Maldonado-García, 446 F.3d 227, 230 (1st Cir. 2006))
- affirming conviction under 18 U.S.C. § 641 for misrepresenting the defendant’s occupation on a social security disability insurance application
Source: CourtListener parenthetical corpus (CC0).
Judges: Parker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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