State v. Siers, 174 Wash. 2d 269

In 2008, Siers stabbed two men outside a Seattle restaurant; one victim was trying to break up a fight.
The State charged Siers with two counts of second-degree assault, each with a deadly weapon enhancement.
No aggravating factors were charged in the information, but pretrial notice was given that the State would seek a good Samaritan aggravator on count II.
At trial, the State sought a jury determination on the good Samaritan aggravator; the court allowed the instruction after amendment was denied.
The jury convicted on both counts and found the Whitten assault occurred while Whitten acted as a good Samaritan; the court imposed a high-end sentence on count II within the standard range.
The Court of Appeals reversed, holding aggravators must be charged in the information; Supreme Court reverses that view and reinstates Siers’ conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Must aggravating factors be charged in the information	State: aggravators are charged like elements under Powell.	Siers: aggravators must be charged as elements; information deficient.	Aggravating factors are not elements; need not be charged.
Was there due process notice to Siers about the aggravator	State provided pretrial notice of intent to seek aggravator.	Siers: notice may be insufficient if not in information.	Notice prior to trial satisfied due process.
Did Powell control this case or should it be overruled	Powell should be applied to require charging aggravators.	Powell overruled; aggravators need not be charged.	Court overrules Powell on this issue; aggravators need not be charged.
Do due process and Blakely/Apprendi require charging aggravators in information	Aggravators function as elements per Blakely/Apprendi.	Aggravators not required to be pleaded; notice suffices.	Aggravators not required to be pleaded; notice suffices.

Powell v. State, 167 Wash.2d 672 (2009) (aggravating factors not required to be charged in information; due process notice suffices)
State v. Hopper, 118 Wash.2d 151 (1992) (constitutionality of notice requirements in charging)
State v. Schaffer, 120 Wash.2d 616 (1993) (due process notice of aggravating circumstances)
Apprendi v. New Jersey, 530 U.S. 466 (2000) (any fact increasing penalty beyond maximum must be jury-tried)
Blakely v. Washington, 542 U.S. 296 (2004) (jury trial right; aggravators not necessarily pleaded in charging document)
Jones v. United States, 526 U.S. 227 (1999) (grand jury requirement not applicable to states for aggravators)