Opinion
No. 64176-0-I.
Filed: April 25, 2011.
Appeal from a judgment of the Superior Court for King County, No. 08-1-05055-2, Laura C. Inveen, J., entered September 23, 2009.
Affirmed by unpublished per curiam opinion.
Gregory Steen appeals the life sentence imposed following his convictions for five counts of first degree robbery. He contends the sentencing court violated his right to equal protection when, for purposes of his status under the Persistent Offender Accountability Act, it found the existence of his prior "strike" offenses by a preponderance of the evidence rather than by proof beyond a reasonable doubt. This error, he argues, stems from an arbitrary legislative classification regarding the treatment of prior convictions. He also contends his sixth and fourteenth amendment rights were violated when the trial court, rather than a jury, found the existence of his prior "strike" offenses. These contentions are controlled by prior decisions of this court and the State Supreme Court. State v. Langstead, 155 Wn. App. 448, 452-53, 228 P.3d 799 (2010); State v. Thiefault, 160 Wn.2d 409, 418, 158 P.3d 580 (2007).
In a statement of additional grounds for review, Steen challenges the sentencing court's admission of exhibits relating to his prior convictions. He contends the exhibits "were not certified copies from the King County Superior Court clerk, affixed with the Washington State's seal." Only two of the nine exhibits — exhibits 2 and 4 — are in the record on appeal. These exhibits contain certified copies of judgments and sentences for Steen's prior convictions. Each bears a certification signed by the superior court clerk and a state seal identifying the county and state. To the extent Steen claims these records were not authenticated, his argument fails because properly certified records are self-authenticating. ER 902.
Additional arguments raised in Steen's statement of additional authorities violate RAP 10.8 ("The statement [of additional authorities] should not contain argument. . . .") and therefore will not be considered.
Affirmed.