State v. Kilgore

Kilgore=chimo.

According to wikipedia:

Chimo may refer to:

• Chimo, a word of greeting, farewell, and toast before drinking^[1] once widely spoken in theInuktitut language in northern Canada^[2]
  • A greeting still in use in some parts of Southern Ontario and Western Canada
  • The cheer of the Canadian Military Engineers
• the 223 Royal Canadian Sea Cadets Corps CHIMO, founded in 1970 at Longueuil, Quebec (re-named 223 RCSCC LONGUEUIL in the mid 1980s)
• Chimo, an active softball league founded in Brossard, Québec in 1979^[3]
• Chimo (orca), the only white killer whale displayed in captivity, at Sealand of the Pacific from 1970-72
• Chimo!, 1960s Canadian rock band
• Chimo Bayo, 1990s Spanish dance act
• Chimo, a very strong tobacco paste taken orally, principally in Venezuela and adjacent countries

If you think it refers to any of those, you are sadly mistake. According tothe online slang dictionary:

• Shortened from child molester.

One guess which use I am putting forth here.

Anyhow, two counts were reversed on an earlier appeal. The state chose not to retry the two counts, leaving the trial court to simply strike those sentences. The problem, Blakely came out in the interim. Under Blakely, aggravating factors need to be found by a jury. They weren’t here. So the question becomes, does Kilgore get a redo on sentencing on remand. The answer, no. You only get to redo your sentencing under Blakely if the case wasn’t final. If you’re coming back down on remand, the 5 counts that weren’t reversed are only “not final” if the judge decides to do something with them. Here, the judge didn’t touch those counts, but merely struck the two that were reversed from his sentence. Since no discretion was exercised by the judge on remand, the 5 counts were final before the Blakely decision.

This entry was posted on September 24, 2009 at 11:02 am and is filed under Chief Justice Barbara Madsen - Concur in Dissent, Criminal Law, Justice Charles Johnson - Concur in Majority, Justice Debra Stephens - Concur in Majority, Justice Gerry Alexander - Concur in Majority, Justice Jim Johnson - Concur in Majority, Justice Mary Fairhurst - Draft Majority, Justice Richard Sanders - Draft Dissent, Justice Sue Owens - Concur in Majority, Justice Tom Chambers - Concur in Majority, WA Supreme Court. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.