Revised Code of Washington
Chapter 10.95 - Capital Punishment—Aggravated First Degree Murder.
10.95.140 - Invalidation of sentence, remand for resentencing—Affirmation of sentence, remand for execution.

RCW 10.95.140
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.]

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Structure Revised Code of Washington

Revised Code of Washington

Title 10 - Criminal Procedure

Chapter 10.95 - Capital Punishment—Aggravated First Degree Murder.

10.95.010 - Court rules.

10.95.020 - Definition.

10.95.030 - Sentences for aggravated first degree murder.

10.95.035 - Return of persons to sentencing court if sentenced prior to June 1, 2014, under this chapter or any prior law, for a term of life without the possibility of parole for an offense committed prior to eighteenth birthday.

10.95.040 - Special sentencing proceeding—Notice—Filing—Service.

10.95.050 - Special sentencing proceeding—When held—Jury to decide matters presented—Waiver—Reconvening same jury—Impanelling new jury—Peremptory challenges.