STATE v. HUGHES

Nos. 74147-6, 75053-0, 75063-7.

110 P.3d 192 (2005)

154 Wash.2d 118

STATE of Washington, Respondent, v. Daniel D. HUGHES, Petitioner. State of Washington, Respondent, v. George Leonard Selvidge, Petitioner. State of Washington, Respondent, v. Michael Ray Anderson, Petitioner.

Supreme Court of Washington, En Banc.

Decided April 14, 2005.


Attorney(s) appearing for the Case

Daniel D. Hughes, George L. Selvidge, Michael R. Anderson, Pro se, Thomas Edward Doyle, Hansville, Patricia Anne Pethick, Tacoma, John Lester Farra, Ocean Shores, Peter B. Tiller, Centralia, James Elliot Lobsenz, Carney Badley Spellman, Seattle, Rita Joan Griffith, Seattle, for Petitioner.

Craig Juris, Grays Harbor Prosecuting Attorneys Office, Montesano, Steven Curtis Sherman, Thurston County Prosecutors Office, Olympia, J. Andrew Toynbee, Chehalis, Jeremy Richard Randolph, Chehalis, for Respondent.

Suzanne Lee Elliott, Seattle, for Amicus Curiae Washington Association of Criminal Defense Lawyers.

Brian Martin McDonald, James Morrissey Whisman, King County Prosecutor's Office, Seattle, Amicus Curiae Washington Association of Prosecuting Attorneys.


FAIRHURST, J.

¶ 1 The United States Supreme Court recently applied its reasoning in Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), to hold that any fact other than that of a prior conviction, which increases the applicable punishment, must be found by a jury beyond a reasonable doubt (unless it is stipulated to by the defendant or the defendant waives his right to a jury finding). Blakely...

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