130 Wash. App. 219 | Wash. Ct. App. | 2005
— Thomas Wayne Mounts entered Alford
¶2 Citing Apprendi v. New Jersey
¶4 We do not overlook, but we do distinguish, the recent cases of State v. Meade
¶5 Mounts’ prior juvenile adjudications were entered in Pierce County between 1997 and 1999. The juvenile court system in effect at that time and place required proof beyond a reasonable doubt.
¶6 Affirmed.
Armstrong and Hunt, JJ., concur.
Judge J. Dean Morgan was serving as a judge of this court when this case was argued. Since retired, he is now serving as a judge pro tempore pursuant to RCW 2.06.150.
North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970); State v. Newton, 87 Wn.2d 363, 552 P.2d 682 (1976).
RCW 9A.40.020(1)(b).
RCW 9A.36.0U(1)(a); RCW 9.94A.510.
RCW 9.41.040(1)(a).
For the kidnapping, the trial court used an offender score of 0 and imposed 68 months’ incarceration. For the assault, the trial court used an offender score of 7 and imposed 236 months’ incarceration plus a 60-month firearm enhancement. For the firearm offense, the trial court used an offender score of 8 and imposed 116 months’ incarceration.
530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000).
542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004).
Apprendi, 530 U.S. at 490 (emphasis added).
We formulate this question as it presently exists, even though the future of the italicized clause may be in doubt. See Shepard v. United States, 544 U.S. 13, 27, 125 S. Ct. 1254, 1264, 161 L. Ed. 2d 205 (2005) (Thomas, J., concurring in part and concurring in the judgment) (noting that Almendarez-Torres v. United States, 523
United States v. Jones, 332 F.3d 688, 695-96 (3d Cir. 2003), cert. denied, 540 U.S. 1150 (2004); United States v. Smalley, 294 F.3d 1030, 1032-33 (8th Cir. 2002), cert. denied, 537 U.S. 1114 (2003); United States v. Burge, 407 F.3d 1183, 1190 (11th Cir. 2005); People v. Lee, 111 Cal. App. 4th 1310, 1316, 4 Cal. Rptr. 3d 642 (2003), cert. denied, 542 U. S. 906 (2004); Nichols v. State, 910 So. 2d 863, 865 (Fla. Dist. Ct. App. 2005); Ryle v. State, 819 N.E.2d 119, 123 (Ind. Ct. App. 2004); State v. Hitt, 273 Kan. 224, 236, 42 P.3d 732 (2002); State v. Weber, 127 Wn. App. 879, 892-93, 112 P.3d 1287 (2005).
United States v. Tighe, 266 F.3d 1187, 1194 (9th Cir. 2001); State v. Brown, 879 So. 2d 1276, 1289 (La. 2004), cert. denied, 543 U.S. 1177 (2005); State v. Montgomery, 159 Ohio App. 3d 752, 2005 Ohio 1018 at ¶ 13, 825 N.E.2d 250, 254; State v. Harris, 339 Or. 157, 118 P.3d 236, 246 (2005).
E.g., Brown, 879 So. 2d at 1289.
State v. Meade, 129 Wn. App. 918, 120 P.3d 975 (2005).
127 Wn. App. 733, 113 P.3d 19 (2005).
In re Winship, 397 U.S. 358, 368, 90 S. Ct. 1068,25 L. Ed. 2d 368 (1970); State v. Rhodes, 92 Wn.2d 755, 760, 600 P.2d 1264 (1979), overruled on other grounds sub nom. State v. Baldwin, 150 Wn.2d 448, 78 P.3d 1005 (2003); Tai N., 127 Wn. App. at 741-42.
State v. Schaaf, 109 Wn.2d 1, 16-17, 743 P.2d 240 (1987).
RCW 13.40.040(l)(a), (b) (juvenile may be taken into custody under court order based on probable cause or “by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances”); RCW 13.40.050(l)(a) (when juvenile is taken into custody, an information must be filed within 72 hours or the juvenile must be released); RCW 13.40.050(l)(b) (if an information is filed, a detention hearing must be held within 72 hours); RCW 13.40.050(2) (a juvenile and/or his or her parents must be given notice of the detention hearing, the time, place, and purpose of the hearing, and the juvenile must be advised of his or her right to counsel); RCW 13.40.050(5), (6) (if a juvenile case is properly before the court and probable cause exists but further detention is not necessary, the juvenile shall be released upon certain conditions); RCW 13.40.140(2) (juvenile has right to counsel at public expense “at all critical stages of the proceedings”); RCW 13-.40.140(3) (juvenile’s right to counsel includes the right to the appointment of necessary experts); RCW 13.40.140(6) (right to public hearings “unless the court, for good cause, orders a particular hearing to be closed”); RCW 13.40.140(7) (juvenile “shall have the right to adequate notice, discovery as provided in criminal cases, opportunity to be heard, confrontation of witnesses except in such cases as this chapter expressly permits the use of hearsay testimony, findings based solely upon the evidence adduced at the hearing, and an unbiased fact-finder”); RCW 13.40.140(8) (“A juvenile shall be accorded the same privilege against self-incrimination as an adult.”); RCW 13.40.140(9) (“Waiver of any right which a juvenile has under this chapter must be an express waiver intelligently made by the juvenile after the juvenile has been fully informed of the right being waived.”).