STATE v. MILLS

No. 73894-7.

109 P.3d 415 (2005)

154 Wash.2d 1

STATE of Washington, Respondent, v. Morning Leray MILLS, Petitioner.

Supreme Court of Washington, En Banc.

Decided April 7, 2005.


Attorney(s) appearing for the Case

Jason Saunders, Washington Appellate Project, Seattle, for Petitioner.

James Morrissey Whisman, Julie Dee Cook, King County Prosecutor's Office, Seattle, for Respondent.


IRELAND, J.*

¶ 1 In this case, we address whether a single element may be bifurcated from the "to convict" instruction to a special verdict form where such element elevates a base crime from a misdemeanor to a felony. We hold that such bifurcation is constitutionally permissible if the legislature has created a statutory framework that establishes a base crime with elevated penalties if an additional fact is present, and that the...

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