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STATE v. ROSWELL

No. 80547-4.

196 P.3d 705 (2008)

STATE of Washington, Respondent, v. Johnathon D. ROSWELL, Petitioner.

Supreme Court of Washington, En Banc.

Decided December 4, 2008.

Attorney(s) appearing for the Case

Jeremy Aaron Morris, Kitsap County Prosecutor's Office, Port Orchard, WA, for Respondent.

Pamela Beth Loginsky, Washington Assoc. of Prosecuting Atty., Olympia, WA, for Amicus Curiae on behalf of Washington Association of Prosecuting Attorneys.

Thomas E. Weaver Jr., Attorney at Law, Bremerton, WA, for Petitioner.

CHAMBERS, J.

¶ 1 Washington has enacted certain criminal statutes that raise the level of a crime from a misdemeanor to a felony based upon the defendant's prior criminal convictions. These prior convictions are elements of the charged crime that the State must prove beyond a reasonable doubt. We held in State v. Oster, 147 Wn.2d 141, 147, 52 P.3d 26 (2002), that a trial court did not...

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