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STATE v. ALKIRE

No. 52500-0-I.

100 P.3d 837 (2004)

STATE of Washington, Respondent, v. Jeffrey ALKIRE, Appellant.

Court of Appeals of Washington, Division 1.

November 15, 2004.

Attorney(s) appearing for the Case

David Bruce Koch, Attorney at Law, Seattle, WA, for Appellant.

Thomas Marshal Curtis, Snohomish County Pros. Office, Everett, WA, for Respondent.

ELLINGTON, A.C.J.

Any fact that increases the penalty for a crime beyond the maximum authorized by the verdict alone—other than the fact of a prior conviction—must be submitted to a jury and proved beyond a reasonable doubt.1 The sentencing court in this case imposed an increased penalty based on Jeffrey Alkire's extraordinary offender score. Because the sentence was authorized by statute and was based solely on facts found...

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