State v. Hagar

¶1

C. Johnson, J.

This court is asked to determine if a defendant who pleads guilty pursuant to a plea bargain and who stipulates to “real facts” for sentencing purposes may successfully pursue a Blakely1 challenge. The Court of Appeals affirmed Howard Hagar’s conviction, holding he did not make a showing that the plea bargains were divisible from the stipulations, as required by State v. Turley, 149 Wn.2d 395, 402, 69 P.3d 338 (2003). Because we find a Blakely violation occurred during sentencing, we reverse Hagar’s sentence and remand to the trial court for sentencing within the standard…