State v. Cubias

¶1 Alexander, C. J.

—Ajury found Armin Cubias guilty of

three counts of attempted murder in the first degree. Pursuant to RCW 9.94A.589(l)(b), the trial judge concluded that the offenses arose from “separate and distinct criminal conduct” and, consequently, imposed consecutive sentences on all counts. Cubias claims that the imposition of consecutive sentences was unconstitutional in light of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d *551403 (2004), and Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000), because it had the effect of…