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STATE v. XAVIAR

No. 28438-3-II.

69 P.3d 901 (2003)

STATE of Washington, Respondent, v. Michal Johnathen XAVIAR, Appellant.

Court of Appeals of Washington, Division 2.

June 3, 2003.

Attorney(s) appearing for the Case

Thomas E. Weaver, Attorney at Law, Port Orchard, WA, for appellant.

Robert Lee Naon, Kitsap County Prosecutor's Office, Port Orchard, WA, for respondent.

SEINFELD, J.

Michal Xaviar contends that the prosecutor breached the State's plea agreement by commenting at his sentencing hearing about the egregious nature of the crime and describing potential aggravating factors. He also contends that under Apprendi,1 the State must prove to a jury the existence of aggravating circumstances beyond a reasonable doubt. We disagree with the later contention but agree that the prosecutor undercut...

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