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STATE v. CLARKE

No. 53003-8-I.

103 P.3d 262 (2004)

STATE of Washington, Respondent, v. John Mark CLARKE, Appellant.

Court of Appeals of Washington, Division 1.

December 27, 2004.

Attorney(s) appearing for the Case

Thomas Michael Kummerow, Washington Appellate Project, Seattle, WA, for Appellant.

Erin Hairopoulos Becker, Brian Martin McDonald, King County Prosecutor's Office, Seattle, WA, for Respondent.

PUBLISHED IN PART

COX, C.J.

Except for prior convictions, "any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt."1 The "statutory maximum" for this purpose is the maximum sentence a judge may impose "solely on the basis of the facts reflected in the jury verdict or admitted by the...

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