discussed Cited "see" State v. Goins See State v. Smith, 150 Wn.2d 135, 147-48 , 75 P.3d 934 (2003) (noting it is error to view an argument in a dissenting opinion as rejected by a majority of this court because “the majority may base its holding on a completely separate analysis and may not even consider those arguments addressed by the dissent”), cert. denied,_U.S._ 124 S. Ct. 1616 (2004).

discussed Cited "see" State v. Goins See State v. Smith, 150 Wash.2d 135, 147-48 , 75 P.3d 934 (2003) (noting it is error to view an argument in a dissenting opinion as rejected by a majority of this court because "the majority may base its holding on a completely separate analysis and may not even consider those arguments addressed by the dissent"), cert. denied, ___ U.S. ___, 124 S.Ct. 1616 , 158 L.Ed.2d 256 (2004).

discussed Cited "see, e.g." State v. Rudolph Ten years later, in State v. Wheeler , our Supreme Court reexamined Thorne in light of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), and held that the POAA did not create a separate offense because the POAA did not define or specify the elements of a crime; therefore, neither the federal constitution nor the Sentencing Reform Act of 1981 (chapter 9.94A RCW) ("SRA") required prior convictions resulting in a life sentence under the POAA to be pleaded in the information, submitted to a jury, or proved beyond a reasonable doubt. [9] 145 Wash.2d 116 , 117, 121, 34 …

discussed Cited "see, e.g." State v. Alkire See, e.g., State v. Ortega, 120 Wash.App. 165, 169 , 84 P.3d 935 (2004) (relevant qualifying facts of prior conviction were not found by a jury beyond a reasonable doubt, and thus could not be used to enhance the penalty for a subsequent conviction under Apprendi ). [22] See Apprendi, 530 U.S. at 499-523 , 120 S.Ct. 2348 . [23] See State v. Smith, 150 Wash.2d 135, 142 , 75 P.3d 934 (2003), cert. denied, ___ U.S. ___, 124 S.Ct. 1616 , 158 L.Ed.2d 256 (2004); State v. Wheeler, 145 Wash.2d 116, 123 , 34 P.3d 799 (2001); see also United States v. Mancia-Perez, 331 F.3d 464, 470 (5th Cir.), cert. d…