State v. David

f 1

— This case was remanded to us following our Supreme Court’s decision in State v. Hughes1 We withdraw the former unpublished section F of State v. David2 relating to the exceptional sentence and replace it with this published section C.

C. Exceptional Sentence

¶2 David also contends that the trial court erred in imposing an exceptional sentence under RCW 9-.94A.535.3 Recently, the Supreme Court in Blakely v. Washington4 held unconstitutional an exceptional sentence that is based on facts (other than prior convictions) not found by the jury beyond a reasonable doubt. Blakely does not *234invalidat…