State v. Griffin

¶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, guilty of residential burglary. At sentencing, the judge imposed an exceptional sentence above the standard range, finding the existence of the aggravating circumstance…