State v. Siers

Stephens J.

f24 (concurring) — While I agree with the majority that Brian Siers’s conviction stands, I disagree with its analysis. The majority is too quick to seize this opportunity to overrule Powell. In doing so, it overlooks the fact that Powell’s rule does not even apply to this case.

¶25 In State v. Powell, five justices agreed that aggravating factors must be charged in the information and proved to a jury before an enhanced sentence may be imposed. 167 Wn.2d 672, 688, 223 P.3d 493 (2009) (plurality opinion) (Stephens, J., concurring). This requirement stems from the Sixth Amendment,…