Court of Appeals of Washington June 3, 2003, No. 28438-3-II (State v. Xaviar)

Seinfeld, J.

Michal Xaviar contends that the prosecutor breached the State’s plea agreement by commenting at his sentencing hearing about the egregious nature of the crime and describing potential aggravating factors. He also contends that under Apprendi v. New Jersey,1 the State must prove to a jury the existence of aggravating circumstances beyond a reasonable doubt.