WA Court of Appeals at Div. II: Free Crimes Factor May Be Considered By Trial Court Rather Than Jury
McNeal was resentenced under Blakely. On resentencing, the trial court impanelled a jury to hear evidence on free crimes. Under Free Crimes, a sentence may be placed outside the standard sentencing range if failing to do so would result in the offender essentially getting a free pass on one or more of his crimes. That's the best I can do with it, I'm a Plaintiff attorney. The only math I know is 1/3. (Well, that's not true, I actually do still know how to do a derivative in calculus. That's right, where f(x)=x^3, then d(x)=3x^2. I think that's the case. Its what some guy who looked like Gandalf told me online. Seriously, my calculus professor taught me online and looked like Gandalf. I trust a hippy wizard with my math over a scientist any day.). Because he's no longer teaching at Bellevue College, I instead give you an artist's rendering of what he may look like now.
Anyhow, the court of appeals concluded that the trial court, on remand, could consider free crimes without impanelling a jury, seeing as no facts need to be found. Its just math.