OWENS, J.
¶ 1 The King County prosecuting attorney charged Christopher Monfort with one count of aggravated first degree murder for the death of a law enforcement officer. He then filed a notice of special sentencing proceeding (hereinafter "death penalty notice") pursuant to RCW 10.95.040(1). The statute provides, "If a person is charged with aggravated first degree murder ..., the prosecuting attorney shall file written notice of a special sentencing proceeding...
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