State v. Curtis

¶1 The trial court gave Michael Curtis an exceptional sentence after he pleaded guilty to two counts of second degree child molestation. After a commissioner of this court affirmed Curtis’s sentence, the United States Supreme Court decided Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403, reh’g denied, 542 U.S. 961 (2004); Curtis moved for reconsideration. The State argues that Curtis admitted the facts supporting his *461sentence during allocution and that even if he did not, the error was harmless. We hold that Curtis’s statements during allocution were not admissions and…