Professor James Barney
LSTD502 Criminal Law
Case Brief: State v Stark
October 19, 2014
Citation: State v. Stark, 832 P.2d 109 (Wash.App. 1992)
Posture: Stark appealed upon conclusion of a criminal jury and bench trial to Washington Appellate court from in which he was found guilty of three counts of second-degree assault as a result of exposing three female partners to HIV virus on over 6 occasions where he used a condom some of the time and after vaginal intercourse ejaculated outside the vagina on one of his victims.
Upon conclusion of jury trial Stark was overly sentenced for one count of second-degree assault of 120 months or 10 years.
Stark was also found guilty in a bench trial by judge two counts of second-degree assault and judge imposed upon Stark two sentences composed of 43 months in which he was to serve sentences on a concurrent basis with the imposition of consecutive sentence of ten years as to the first charge.
Stark appealed sentence for judicial review of his sentence as Washington Statute proscribes under RCW 9A.36.021 Assault in the second degree is punishable with 3 12 months if that person has no prior history in which defendant can face fine of up to $20,000. Sentence under Washington Statute that exceeds 3 12 months then exceeds potential sentence.
Facts: Three medical tests performed on Stark; one initial and two consecutive in which resulted in and confirmed a positive diagnosis for the HIV virus.
Stark was then advised through county health officials approximately five times counseling that to engage in sexual activity would expose partners to HIV virus of which there is no cure.
Health officials then gained knowledge that indicated Stark continued to engage in sexual activity and under Washington statute RCW 18.235.150 applied for Cease and Desist notice directed at Stark.
Stark was then advised by police who presented to him cease and desist order to stop engaging in sexual...
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