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STATE v. WHEELER

Nos. 69976-3, 70071-1.

34 P.3d 799 (2001)

145 Wash.2d 116

STATE of Washington, Petitioner, v. John William WHEELER, Respondent. State of Washington, Petitioner, v. Kinnick Burnett Sanford, Respondent.

Supreme Court of Washington, En Banc.

Decided November 21, 2001.

Attorney(s) appearing for the Case

Washington Appellate Project, Sarah Hrobsky, Richard Tassano, Nielsen, Broman & Associates, Eric Broman, Seattle, for Petitioners.

Norm Maleng, King County Prosecutor, James Whisman, Deborah Dwyer, Deputies, Seattle, for Respondent.

CHAMBERS, J.

We must decide whether, in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), prior convictions used to prove a defendant is a persistent offender must be charged in the information, submitted to a jury, and proved beyond a reasonable doubt. Unless and until the federal courts extend Apprendi to require such a result, we hold these...

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