State v. Borg

Summary

The Washington Supreme Court affirmed James Dwayne Borg’s convictions for six counts of unlawful possession of a firearm, rejecting his claim of prosecutorial misconduct based on the prosecutor’s closing argument. The court held that the exceptional sentence was not justified merely because Borg had multiple current convictions that constituted the same criminal conduct under Washington’s sentencing statute. It reversed the sentence and remanded for resentencing.

Holdings

1. Although the prosecutor's statement that Borg's prior conviction affected credibility was improper because the conviction was not relevant to credibility, the trial court did not abuse its discretion in finding that the prosecutor referred to Beddoe's conviction and denying a mistrial or new trial.
2. When multiple current convictions constitute the same criminal conduct, an exceptional sentence under RCW 9.94A.535(2)(i) is not justified solely because the convictions number more than one; the case must involve something extraordinary beyond the mere existence of multiple offenses.

Questions Presented

1. Whether the prosecutor's closing argument improperly suggested that Borg's stipulated prior serious-offense conviction was relevant to the credibility of Borg or his witnesses and therefore warranted a new trial.
2. Whether the existence of multiple current convictions that constituted the same criminal conduct, standing alone, justified an exceptional sentence under RCW 9.94A.535(2)(i).

Disposition

reversed_and_remanded