SC: 124083. COA: 238750.
Defendant has filed motions for permission to file a supplemental brief discussing Blakely v. Washington, 524 U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and for immediate consideration of that motion. Immediate consideration is GRANTED, and the motion is GRANTED. Given our resolution of the sentencing issues in this case, it is unnecessary to address whether due process requires that the prosecution prove the elements of a crime...
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