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STATE v. McNEAL

No. 38014-5-II.

231 P.3d 1266 (2010)

STATE of Washington, Respondent, v. John Kevin McNEAL, Petitioner.

Court of Appeals of Washington, Division 2.

May 25, 2010.

Attorney(s) appearing for the Case

Peter B. Tiller, The Tiller Law Firm, Centralia, WA, for Petitioner.

Lori Ellen Smith, Lewis Co. Prosecuting Atty. Office, Chehalis, WA, for Respondent.

HUNT, J.

¶ 1 In a previous appeal, we remanded to the trial court for resentencing based on Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We later accepted discretionary review1 when the sentencing court certified to us the following question: "Whether the [sentencing] Court [on remand] has jurisdiction to impanel a jury pursuant to RCW 9.94A.537(2) for the purpose...

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