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STATE v. EVANS

Nos. 74851-9, 75766-6.

114 P.3d 627 (2005)

154 Wash.2d 438

STATE of Washington, Respondent, v. Michael R. EVANS, Petitioner. In re the Matter of the Personal Restraint of Shawn Swenson, Petitioner.

Supreme Court of Washington, En Banc.

Decided June 16, 2005.

Attorney(s) appearing for the Case

Linda J. King, Tacoma, David Zuckerman, Seattle, for Petitioner.

Kathleen Proctor, Donna Yumiko Masumoto, Ann Marie Summers, Pierce County Prosecuting Atty. Ofc., Tacoma, Deborah A. Dwyer, Ann Marie Summers, King Co. Pros. Ofc./Appellate Unit, Seattle, for Respondent.

James Elliot Lobsenz, Carney Badley Spellman, Rita Joan Griffith, Sheryl Gordon McCloud, Seattle, for Amicus Curiae (Washington Association of Criminal Defense Lawyers).

CHAMBERS, J.

¶ 1 After Apprendi, every fact (other than the fact of a prior conviction) that increases the defendant's sentence beyond the statutory maximum may be used only if it was either proved beyond a reasonable doubt to the trier of fact at trial or admitted by the defendant. Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) (citing Jones v. United States,

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