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STATE v. BORBOA

No. 30330-2-II.

102 P.3d 183 (2004)

STATE of Washington, Respondent, v. Escolastico Casey BORBOA, Appellant.

Court of Appeals of Washington, Division 2.

December 7, 2004.

Attorney(s) appearing for the Case

David Schultz, Attorney at Law, Camas, WA, for Appellant.

Scott Douglas Jackson, Attorney at Law, Vancouver, WA, for Respondent.

PUBLISHED IN PART

MORGAN, A.C.J.

The main question in this appeal is whether a sentence imposed under RCW 9.94A.712 is subject to the Sixth Amendment right to jury trial as interpreted in Apprendi v. New Jersey1 and Blakely v. Washington.2 Answering yes, we affirm in part and reverse in part.

RCW 9.94A.712 applies when a non-persistent offender is sentenced for specified crimes...

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