State v. Applegate

¶1 Shortly before Ronald Applegate’s 2004 trial, the United States Supreme Court invalidated exceptional sentences based upon aggravating factors found by a judge and ruled such factors must be submitted to the trier of fact. Washington’s Sentencing Reform Act of 19811 (SRA) did not then authorize the court to submit aggravating factors for jury determination. Correctly anticipating such an amendment, Applegate’s trial judge submitted aggravating factors to the jury. The SRA now permits courts to submit aggravating factors for jury determination no matter when a defendant’s original trial or…