State v. Borboa

¶31

Alexander, C.J.

(concurring) — Although I signed Justice Sanders’s dissenting opinion in the companion to this case, State v. Clarke, 156 Wn.2d 880, 134 P.3d 188 (2006), I recognize that this court is now bound by the majority decision in that case. Therefore, in accordance with Clarke’s holding that judicial fact finding is permissible in imposing exceptional minimum sentences under RCW 9.94A.712, I concur with the majority in this case.