WA - Delonde Nathanal PLEASANT Appeals Sentence

I don't understand this opinion. He is first charged with 1st degree murder, then that's reduce via plea agreement to 1st degree manslaughter in the beating death of his girlfriend. He's appealing the sentencing because it was more severe than he thought it should have been. Story below as well as appeal opinion.
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Franklin County prosecutors plan to present evidence showing that when Pleasant beat his live-in girlfriend from head to toe, it was deliberately cruel, excessive and within earshot of their sleeping 2-year-old son. If jurors agree, then prosecutors will request a sentence that could extend Pleasant's stay behind bars for another 16 1/2 years.

Prospective jurors were told they were there for Pleasant's case and that the issue of guilt or innocence wouldn't be addressed because the defendant had admitted to first-degree manslaughter.

Their job is to see if the state has met its burden in alleging that certain aggravating circumstances existed in the killing.

http://www.thenewstribune.com/2011/03/24/1598060/rare-resentencing-begins-for-pasco.html

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Court of Appeals of Washington,Division 3 Opinion 2009
http://caselaw.findlaw.com/wa-court-of-appeals/1041172.html

Pasco Juanita Montelongo died in March 2002 from severe head injuries, but she had more than 100 blows “literally from the bottom of her feet, all over her body, to the top of her head,” a prosecutor said today.

An autopsy performed on the mother of two shows she was down on the ground when DeLonde Pleasant repeatedly stomped on her, leaving bruises with his sole pattern, Deputy Prosecutor Frank Jenny explained.

Jenny told jurors that over the next few days, they will hear evidence showing Pleasant’s actions nine years ago involved “deliberate cruelty beyond what was necessary to accomplish the crime” and domestic violence within the sight and sound of the couple’s young son.

If jurors return special verdicts for the aggravating factors, then Jenny can ask the court to return Pleasant to prison for up to 16 1/2 more years.

http://www.tri-cityherald.com/2011/...mlhears-about-pasco-womans.html#ixzz1HgaQQKAr

Jurors charged with determining if there were aggravating factors in the 2002 fatal beating of Juanita Montelongo deliberated for less than 20 minutes.

"We just kind of did a quick vote to see how everybody felt and where everybody was at," said a female juror, who wished to remain anonymous. The group was considering going to lunch and was startled to realize there were no dissenting votes and no questions.

http://www.thenewstribune.com/2011/03/30/1605216/jurors-affirm-deliberate-cruelty.html

Judge says it's time for sentencing

Defense lawyer Karla Kane said she needs more time to complete her research.

Kane told the court she has sent public disclosure requests to agencies across the state, trying to find "other people who did something similar and what sentences they got."

She said she is doing this "so individuals committing the same types of crimes are getting the same types of sentences."

The court has discretion as to how much time Pleasant receives, she pointed out, whether it is in the standard range of 6 1/2 to 8 1/2 years or above it.

http://www.bellinghamherald.com/2011/05/19/2021264/judge-says-its-time-for-sentencing.html


Murderer gets 23 years

Judge Cameron Mitchell said he recognized the changes Pleasant has made behind bars and ordered him to serve 231/2 years in prison -- two years short of a sentence thrown out by a higher court.

Pleasant likely will spend 14 more years in prison, not counting time off for good behavior.

http://www.bellinghamherald.com/2011/06/17/2063622/murderer-gets-23-years.html#storylink=mirelated