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STATE v. RUDOLPH

No. 32658-2-II.

168 P.3d 430 (2007)

STATE of Washington, Respondent, v. Carlton Roosevelt RUDOLPH, Appellant.

Court of Appeals of Washington, Division 2.

October 2, 2007.

Attorney(s) appearing for the Case

David Mathews Soukup, Thurston County Prose Atty Ofc, Olympia, for Respondent.

Thomas Edward Doyle, Hansville, Patricia Anne Pethick, Tacoma, for Appellant.

PUBLISHED in part OPINION

HUNT, J.

¶ 1 Carlton Roosevelt Rudolph appeals his jury conviction for first degree robbery and his life-without-parole sentence imposed under the Persistent Offender Accountability Act (POAA).1 He argues that (1) the POAA is unconstitutional because it allows the trial court, rather than requiring a jury, to find the "fact" of a prior conviction used as a prior "strike" offense; (2) the trial court...

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