(dissenting) — I join Justice Madsen’s dissent, however, write separately to restate my view expressed in my dissenting opinion in State v. Rivers, 129 Wn.2d 697, that the "Persistent Offender Accountability Act,” also known as "Three Strikes and You’re Out,” unconstitutionally imposes cruel punishment contrary to Washington Constitution article I, section 14, and is therefore invalid on its face.
Reconsideration denied October 24, 1996.