No double jeopardy worries in Washington

In State v. Maestas, 2004 WL 2650646 (Wash. App. Div. 1 Nov. 22, 2004), a Washington intermediate appellate court rejects, after the State conceded a Blakely problem with the imposition of an aggravated sentence based on judicial fact-finding, the defendant’s assertion that “to impose such a sentence on remand would violate principles of double jeopardy.” 

In a thoughtful and thorough opinion, the Maestas court explains why it concludes “that double jeopardy is not implicated in the resentencing of Maestas on remand. Should the court choose to impose an aggravated exceptional sentence following procedures that comply with the dictates of Blakely, double jeopardy does not bar doing so.”