(Download) "Washington V. Aguirre" by Division One Court of Appeals of Washington * eBook PDF Kindle ePub Free
eBook details
- Title: Washington V. Aguirre
- Author : Division One Court of Appeals of Washington
- Release Date : January 11, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
KENNEDY, J. -- The State of Washington appeals the trial court's order vacating Carlos Humberto Aguirre-Colindres'*fn1 convictions under the Uniform Controlled Substances Act for cocaine and heroin possession and for delivery of heroin. The State argues that the trial judge abused his discretion by using CrR 7.8(b)(5) to vacate the convictions for the purpose of affecting Aguirre-Colindres' deportability status.*fn2 Although we believe Mr. Aguirre-Colindres' history of persecution and misfortune to be compelling, the trial judge issued what was, in effect, a judicial pardon. Art. 3, § 9 of the Washington Constitution vests the power to pardon solely in the Governor. A judge may not utilize CrR 7.8(b)(5) to effect a judicial pardon. Accordingly, we reverse.
 "Washington V. Aguirre" by Division One Court of Appeals of Washington * eBook PDF Kindle ePub Free){kind=link}