This section contains the nature of the case and procedural background.

Blakely (D) abducted his estranged wife from their home binding her with duct tape and forcing her at knifepoint into a wooden box in the bed of his pickup truck. In the process, he implored her to dismiss the divorce suit and related trust proceedings. Their son was ordered by D to get in a car, or his mother would be harmed. The boy escaped at a gas station, and D was apprehended. D was charged with first-degree kidnapping. By plea agreement, it was reduced to second-degree kidnapping involving domestic violence and use of a firearm. P entered a guilty plea admitting the elements of second-degree kidnapping and the domestic-violence and firearm allegations, but no other relevant facts. State law was clear on the sentencing requirements. A judge had the power to impose a sentence above the standard range if she finds 'substantial and compelling reasons justifying an exceptional sentence.' When a judge imposes an exceptional sentence, she must set forth findings of fact and conclusions of law supporting it. The State recommended a sentence within the standard range of 49 to 53 months. After hearing the facts, the judge rejected the State's recommendation and imposed an exceptional sentence of 90 months--37 months beyond the standard maximum: D had acted with 'deliberate cruelty,' a statutorily enumerated ground for departure in domestic-violence cases. D objected. The judge accordingly conducted a 3-day bench hearing featuring testimony from D, Yolanda, Ralphy, a police officer, and medical experts. Thirty-two findings of fact were made. The judge adhered to his initial determination of deliberate cruelty. D appealed. The State Court of Appeals affirmed. The Washington Supreme Court denied discretionary review. The Supreme Court granted certiorari.

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