Judges studying sentencing decision

OLYMPIA – Judges and prosecutors are studying a U.S. Supreme Court ruling on sentencing guidelines that stemmed from a Washington state kidnapping case, wondering what it will mean to them.

The consensus: It will mean something, but they’re not yet sure what.

The Supreme Court’s Thursday ruling invalidated the seven-year prison sentence for a man convicted of kidnapping his wife and driving her to Montana in a coffin-like box. The high court ruled that only a jury, not a judge, can sentence someone to more prison time than set out in state or federal sentencing guidelines.

U.S. District Judge Marsha Pechman in Seattle delayed a sentencing hearing so she and the attorneys could review the Supreme Court ruling, said Jeff Sullivan, chief of the criminal division for the U.S. Attorney’s Office in Seattle.

“It’s going to have an impact, and we’re going to be weeks or months sorting it out,” Sullivan said.

Pierce County Deputy Prosecutor John Hillman told The News Tribune of Tacoma he would ask for a continuance in the sentencing of Maria del Carmen Aguilar Perez, who pleaded guilty to killing her 3-year-old daughter.

Hillman said he had planned to ask the judge to impose an exceptional sentence.

“We really truly need to digest,” he said. “I’m certain the Legislature will need to alter the Sentencing Reform Act.”

However, the wheels of justice will not grind to a halt. Judges rarely impose sentences longer than what’s set in the sentencing guidelines, so the issue usually doesn’t arise.

Grant County Judge Evan Sperline said Superior Court judges in Washington state impose exceptional sentences in less than 3 percent of cases. It’s just as uncommon in federal courts.

Sperline’s 2000 sentence for Ralph Howard Blakely II, who kidnapped his wife, was the basis for the Supreme Court decision that limited judges’ sentencing powers.

Sperline said he’s disappointed by the decision, because it will restrict judges’ discretion.

“The way we’ve done business in the past, the sentencing judge can impose an exceptional sentence whether or not the prosecutor asks for it,” Sperline said. “Now it will have to be alleged by the state and argued to a jury. The prosecutor is going to be able to prevent the judge from imposing an exceptional sentence by not alleging the aggravating factors.”