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STATE v. HUNLEY

No. 86135-8.

287 P.3d 584 (2012)

STATE of Washington, Petitioner, v. Monte W. HUNLEY, Respondent.

Supreme Court of Washington, En Banc.

Decided November 1, 2012.

Attorney(s) appearing for the Case

Pamela Beth Loginsky , Washington Association of Prosecuting Attorneys, Olympia, WA, Gerald R. Fuller , James Garnet Baker , Grays Harbor County Prosecuting Office, Montesano, WA, for Petitioner.

Manek R. Mistry , Jodi R. Backlund , Backlund & Mistry, Olympia, WA, for Respondent.

FAIRHURST, J.

¶ 1 This case requires us to decide whether a sentencing court violated a defendant's right to due process by basing the imposed sentence on prior convictions demonstrated only by the prosecutor's written summary and the defendant's failure to object. The Court of Appeals held this violated the defendant's right to due process, and we now affirm.

I. FACTS AND PROCEDURAL HISTORY

¶ 2 Monte W. Hunley was convicted by a jury on...

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