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STATE v. TONGATE

No. 46457.

93 Wn.2d 751 (1980)

613 P.2d 121

THE STATE OF WASHINGTON, Respondent, v. WAYNE DOUGLAS TONGATE, Petitioner.

The Supreme Court of Washington, En Banc.

June 19, 1980.

Attorney(s) appearing for the Case

Elofson, Vincent, Hurst & Crossland, by Anthony F. Menke, for petitioner.

Jeffrey C. Sullivan, Prosecuting Attorney, and Robert N. Hackett, Jr., Deputy, for respondent.

WILLIAMS, J.

A jury found petitioner Wayne Douglas Tongate guilty of first-degree robbery, with a special finding that he was armed with a deadly weapon. On appeal, petitioner argued that the State had the burden of proving beyond a reasonable doubt that he was armed with a deadly weapon. The Court of Appeals disagreed with this contention and in an unpublished opinion affirmed the conviction and the enhanced sentence required by RCW 9.95.040. We reverse the sentencing...

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