Washington Supreme Court address Blakely and minimums

The Washington Supreme Court today in State v. Clarke, No. 76602-9 (Wash. May 11, 2006) addresses the constitutionality of an “exceptional minimum sentence under Blakely.”  The 7-2 ruling affirms the defendant’s sentence, and the majority opinion (available here) has this start:

After two juries convicted John Mark Clarke of two counts of second degree rape, the sentencing court imposed a maximum sentence of life imprisonment as required by statute.  The sentencing court also imposed an “exceptional minimum sentence,” which is a sentence in excess of the standard sentence range for the crimes charged, based on two aggravating factors.  Clarke challenges the constitutionality of his exceptional minimum sentence under Blakely v. Washington, 542 U.S. 296(2004).  We hold that Blakely does not apply to an exceptional minimum sentence imposed under RCW 9.94A.712 that does not exceed the maximum sentence imposed and affirm the Court of Appeals.

The dissent in Clarke (available here) begins this way:

The majority concludes a judge may impose an exceptional minimum sentence on the basis of an aggravating factor neither found by the jury nor admitted by the defendant.  I disagree.  The Sixth Amendment prohibits a judge from imposing a penalty not authorized by the facts found by the jury or admitted by the defendant. See Blakely v. Washington, 542 U.S. 296 (2004).  An exceptional minimum sentence is a penalty.  And under Washington law, a judge may impose an exceptional minimum sentence only if an aggravating factor exists.  Consequently, a judge cannot impose an exceptional minimum sentence on the basis of an aggravating factor neither found by the jury nor admitted by the defendant.