STATE v. DONEY

No. 24621-3-III.

174 P.3d 1261 (2008)

STATE of Washington, Respondent, v. Robert L. DONEY, Jr., Appellant.

Court of Appeals of Washington, Division 3.

January 8, 2008.


Attorney(s) appearing for the Case

Lisa Elizabeth Tabbut, Attorney at Law, Longview, WA, for Appellant.

Kevin Michael Korsmo, Attorney at Law, Spokane, WA, for Respondent.


KULIK, J.

¶ 1 During the course of a jury trial, Robert Doney pleaded guilty to the first degree murder of two-year-old V.R. The trial court impaneled a new jury to determine aggravating circumstances that would affect sentencing. Mr. Doney argues that the trial court lacked authority to impanel the jury because the Blakely-fix statute1 — requiring a jury to decide aggravating circumstances — was enacted after...

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