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STATE v. RIVERS

No. 53559-5-I.

128 P.3d 608 (2005)

130 Wash.App. 689

STATE of Washington, Respondent, v. Larry RIVERS, Appellant.

Court of Appeals of Washington, Division 1.

As Modified on Denial of Reconsideration February 3, 2006.

Attorney(s) appearing for the Case

Elaine L. Winters, Seattle, WA, for Appellant.

Dennis John McCurdy, King County Prosecutor's Office, Seattle, WA, for Respondent.

PUBLISHED IN PART

COX, C.J.

¶ 1 Neither the federal nor the state constitution requires a jury to determine beyond a reasonable doubt the fact of a prior conviction.1 Despite speculation about the continued validity of Almendarez-Torres v. United States,2 the United States Supreme Court has not reconsidered that case.3 Accordingly, we reject the argument of...

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