10.95.140 - Invalidation of sentence, remand for resentencing -- Affirmation of sentence, remand for execution. - Washington Statutes

Invalidation of sentence, remand for resentencing — Affirmation of sentence, remand for execution.

Upon completion of a sentence review:

     (1) The supreme court of Washington shall invalidate the sentence of death and remand the case to the trial court for resentencing in accordance with RCW 10.95.090 if:

     (a) The court makes a negative determination as to the question posed by RCW 10.95.130(2)(a); or

     (b) The court makes an affirmative determination as to any of the questions posed by RCW 10.95.130(2) (b), (c), or (d).

     (2) The court shall affirm the sentence of death and remand the case to the trial court for execution in accordance with RCW 10.95.160 if:

     (a) The court makes an affirmative determination as to the question posed by RCW 10.95.130(2)(a); and

     (b) The court makes a negative determination as to the questions posed by RCW 10.95.130(2) (b), (c), and (d).

[1993 c 479 § 4; 1981 c 138 § 14.]