STATE v. PILLATOS

Nos. 75984-7, 75989-8, 76081-1, 76077-2.

150 P.3d 1130 (2007)

STATE of Washington, Petitioner, v. David Nikos PILLATOS, Respondent. State of Washington, Petitioner, v. Scotty James Butters, Respondent. State of Washington, Respondent, v. Daniel William Base, Petitioner. State of Washington, Petitioner, v. James Carl Metcalf, Respondent.

Supreme Court of Washington, En Banc.

Decided January 25, 2007.


Attorney(s) appearing for the Case

Kathleen Proctor, Pierce County Prosecuting Atty. Ofc., John Michael Sheeran, Attorney at Law, Tacoma, WA, Kevin Korsmo, Spokane Co. Prosecutor's Office, Spokane, Ralph Hall, NW Defenders Ass'n, Seattle, for Petitioners.

Philip Edward Thornton, Attorney at Law, Keith Alexander Mac Fie, Attorney At Law, Tacoma, WA, Ivan Orton, King Co. Prosecutor's Office, Sheryl Gordon McCloud, Attorney at Law, Seattle, WA, Steven Reich, Spokane County Public Defender, David Gasch, Attorney at Law, Spokane, for Respondents.


ALEXANDER, C.J.

¶ 1 We originally took review of these cases to decide whether, in the wake of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), juries in Washington could be asked to find facts that might justify an upwards departure from standard-range sentences. Shortly after the initial oral argument, the Washington State Legislature amended the Sentencing Reform Act of 1981(SRA), chapter 9...

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