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STATE v. SMITH

No. 73113-6.

75 P.3d 934 (2003)

150 Wash.2d 135

STATE of Washington, Respondent, v. Russell L. SMITH, Petitioner.

Supreme Court of Washington, En Banc.

Decided August 28, 2003.

Attorney(s) appearing for the Case

Shannon Marsh, David Donnan, Washington Appellate Project, Seattle, for Petitioner.

Norm Maleng, King County Prosecutor, Lee Yates, James Whisman, Deputy Prosecuting Attorneys, for Respondent.

Pamela B. Loginsky, Olympia, Amicus Curiae on Behalf of Washington Association of Prosecuting Attorneys.

BRIDGE, J.

Following convictions for burglary in the first degree and criminal trespass in the first degree, the trial court found Russell Smith to be a persistent offender under the Persistent Offender Accountability Act (POAA), RCW 9.94A.570, and sentenced him to life without the possibility of parole. Smith challenges the sentencing procedures of the POAA, otherwise known as the "three strikes and you're out" law, under both the United States and the Washington...

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