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STATE v. CUBIAS

No. 75109-9.

120 P.3d 929 (2005)

STATE of Washington, Respondent, v. Armin Agustin CUBIAS, Petitioner.

Supreme Court of Washington.

Decided October 6, 2005.

Attorney(s) appearing for the Case

Cheryl D. Aza, Washington Appellate Project, Seattle, for Petitioner/Appellant.

Lee Davis Yates, Deborah A. Dwyer, King County Prosecutor's Office, Seattle, for Appellee/Respondent.

En Banc.

ALEXANDER, C.J.

A jury found Armin Cubias guilty of three counts of attempted murder in the first degree. Pursuant to RCW 9.94A.589(1)(b), the trial judge concluded that the offenses arose from "separate and distinct criminal conduct" and, consequently, imposed consecutive sentences on all counts. Cubias claims that the imposition of consecutive sentences was unconstitutional in light of Blakely v. Washington, 542 U.S. 296, 124...

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