State v. Ose

fl We are asked to identify the unit of prosecution for the crime of possessing “a stolen access device” in violation of RCW 9A.56.160(l)(c). In addition, we are asked whether respondent Shelly Ose’s exceptional sentence violated the sixth amendment to the United States Constitution as interpreted in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004). We find that the legislature unambiguously established the unit of prosecution in RCW 9A.56.160(l)(c) as each stolen access device in a defendant’s possession. Thus, we reverse *143the Court of Appeals and hold that the…