Docket No. 75984-7 (from Pierce)  Facts:  Respondent David Pillatos pled guilty to first degree murder in the Superior Court for Pierce County.  Prior to sentencing, the United States Supreme Court decided in Blakely v. Washington that aggravating factors supporting an exceptional sentence must be proven to the jury beyond a reasonable doubt.  Consequently, the state of Washington moved to empanel a sentencing jury.  The trial court denied the motion, ruling that the procedures set forth in the new provisions of Washington Revised Code §9.94A, which was amended in response to Blakely, cannot be applied retroactively and that it lacks the inherent authority to empanel a sentencing jury. Continue reading →