Daniel Francis Marzano v. Lawrence Kincheloe

The State of Washington appeals the district court’s grant of Daniel Marzano’s 28 U.S.C. § 2254 (1988) habeas petition. Mar-zano was sentenced to life imprisonment without the possibility of parole on one of the two counts of murder to which he pled guilty. The district court granted the petition for the reason that a sentence of life imprisonment without the possibility of parole cannot be constitutionally imposed on Marzano under the Washington statute upon which his conviction was based. We affirm.

I.

On February 27, 1980, the State charged Marzano with two counts of first degree murder. On March 17, 1980, Marzano entered into a plea agreement with the State. Marzano pled guilty to two murder counts and stipulated that there was one or more aggravating circumstances; that there were mitigating circumstances which would merit leniency; and that he understood he would be sentenced to life imprisonment without the possibility of parole.

Marzano was sentenced to life imprisonment without the possibility of parole for count I (first degree murder with aggravating circumstances), and life imprisonment with the possibility of parole for count II (first degree murder). His life…