Opinion
No. 54843-3-I
Filed: May 23, 2005 UNPUBLISHED OPINION
Appeal from Superior Court of King County. Docket No: 04-1-10449-8. Judgment or order under review. Date filed: 08/13/2004. Judge signing: Hon. Sharon Armstrong.
Counsel for Appellant(s), Nielsen Broman Koch Pllc, Attorney at Law, 1908 E Madison St, Seattle, WA 98122.
David Bruce Koch, Attorney at Law, 1908 E Madison St, Seattle, WA 98122.
Counsel for Respondent(s), Amy R. Holt, King County Prosecutor's Office, 516 3rd Ave Ste W554, Seattle, WA 98104-2390.
Prosecuting Atty King County, King Co Pros/App Unit Supervisor, W554 King County Courthouse, 516 Third Avenue, Seattle, WA 98104.
A jury convicted Shannon Clark of assault in the second degree. The trial court designated the offense as a domestic violence offense and imposed a standard range sentence and a no contact order. Clark contends the domestic violence designation must be determined by a jury under Blakely v. Washington, ___ U.S. ___, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004), and that the designation in this case and the no contact order must therefore be vacated. We disagree and affirm.
We recently decided this issue adversely to Clark in State v. Felix, ___ Wn. App. ___, 105 P.3d 427 (2005). Like the defendants in Felix, Clark has not identified any consequence of the finding that increases his punishment.
Affirmed.