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STATE v. APPLEGATE

No. 56085-9-I.

194 P.3d 1000 (2008)

STATE of Washington, Respondent, v. Ronald APPLEGATE, Appellant.

Court of Appeals of Washington, Division 1.

October 20, 2008.

Attorney(s) appearing for the Case

Oliver Ross Davis, David L. Donnan, Washington Appellate Project, Seattle, WA, for Appellant.

Hilary A. Thomas, Whatcom County Prosecutors Office, Bellingham, WA, for Respondent.

ELLINGTON, J.

¶ 1 Shortly before Ronald Applegate's 2004 trial, the United States Supreme Court invalidated exceptional sentences based upon aggravating factors found by a judge, and ruled such factors must be submitted to the trier of fact. Washington's Sentencing Reform Act of 1981,1 (SRA) did not then authorize the court to submit aggravating factors for jury determination. Correctly anticipating such an amendment, Applegate's...

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