Opinion
No. 59417-6-I.
January 22, 2008.
Appeal from a judgment of the Superior Court for King County, No. 06-8-04120-0, John P. Erlick, J., entered January 11, 2007.
Remanded by unpublished per curiam opinion.
I.K.A. appeals his juvenile court convictions for residential burglary with sexual motivation, fourth degree assault with sexual motivation, and unlawful possession of a controlled substance. He contends he was entitled to have a jury determine his guilt under recent United States Supreme Court decisions and the Washington State Constitution. This contention is controlled by our decision in State v. Tai N., 127 Wn. App. 733, 737-40, 113 P.3d 19 (2005), review denied, 156 Wn.2d 1019 (2006) and the State Supreme Court's decision in State v. Schaaf, 109 Wn.2d 1, 743 P.2d 240 (1987). See also State v. Meade, 129 Wn. App. 918, 925-26, 120 P.3d 975 (2005); State v. Chavez, 134 Wn. App. 657, 662-65, 142 P.3d 1110 (2006), review granted, 160 Wn.2d 1021, 163 P.3d 795 (2007). I.K.A. also contends, and the State concedes, that the portion of his disposition requiring HIV testing is not statutorily authorized and must be stricken. We accept the State's concession and remand with directions to strike that requirement from the disposition order.
Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004), Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000), and Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004).
Remanded for amendment of the disposition order.
For the court: