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STATE v. GRIFFIN

No. 84554-9.

268 P.3d 924 (2012)

STATE of Washington, Respondent, v. James L. GRIFFIN, Petitioner.

Supreme Court of Washington, En Banc.

Decided January 5, 2012.

Attorney(s) appearing for the Case

Dana M. Nelson , Nielsen Broman & Koch, PLLC, Seattle, WA, for Petitioner.

Kraig Christian Newman , Grays Harbor County Prosecutor's Office, Montesano, WA, for Respondent.

J.M. JOHNSON, J.

¶ 1 The question in this case is whether a fact-finding hearing of rapid recidivism under RCW 9.94A.537 is a "sentencing" hearing exempt from the Washington State Rules of Evidence under ER 1101(c)(3). We hold that RCW 9.94A.537 sets out a special category of sentencing where the rules of evidence do apply.

¶ 2 At a bench trial, after waiver of a jury, the Grays Harbor County Superior Court found the petitioner, James L. Griffin...

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