13.40.230 - Appeal from order of disposition -- Jurisdiction -- Procedure -- Scope--Release pending appeal. - Washington Statutes

Appeal from order of disposition — Jurisdiction — Procedure — Scope — Release pending appeal.

(1) Dispositions reviewed pursuant to RCW 13.40.160 shall be reviewed in the appropriate division of the court of appeals.

     An appeal under this section shall be heard solely upon the record that was before the disposition court. No written briefs may be required, and the appeal shall be heard within thirty days following the date of sentencing and a decision rendered within fifteen days following the argument. The supreme court shall promulgate any necessary rules to effectuate the purposes of this section.

     (2) To uphold a disposition outside the standard range, the court of appeals must find (a) that the reasons supplied by the disposition judge are supported by the record which was before the judge and that those reasons clearly and convincingly support the conclusion that a disposition within the range would constitute a manifest injustice, and (b) that the sentence imposed was neither clearly excessive nor clearly too lenient.

     (3) If the court does not find subsection (2)(a) of this section it shall remand the case for disposition within the standard range.

     (4) If the court finds subsection (2)(a) but not subsection (2)(b) of this section it shall remand the case with instructions for further proceedings consistent with the provisions of this chapter.

     (5) The disposition court may impose conditions on release pending appeal as provided in RCW *13.40.040(4) and 13.40.050(6).

     (6) Appeal of a disposition under this section does not affect the finality or appeal of the underlying adjudication of guilt.

[1997 c 338 § 35; 1981 c 299 § 16; 1979 c 155 § 72; 1977 ex.s. c 291 § 77.]

Notes: *Reviser's note: RCW 13.40.040 was amended by 2002 c 171 § 2, changing subsection (4) to subsection (5).

Finding -- Evaluation -- Report -- 1997 c 338: See note following RCW 13.40.0357.

Severability -- Effective dates -- 1997 c 338: See notes following RCW 5.60.060.

Effective date -- Severability -- 1979 c 155: See notes following RCW 13.04.011.

Effective dates -- Severability -- 1977 ex.s. c 291: See notes following RCW 13.04.005.