STATE v. GURSKE

No. 75156-1.

118 P.3d 333 (2005)

STATE of Washington, Respondent, v. Samuel William GURSKE, Petitioner.

Supreme Court of Washington, En Banc.

Decided August 25, 2005.


Attorney(s) appearing for the Case

Steven P. Martonick, Snyder & Martonick Law Offices, Pullman, for Petitioner.

Ann Colburn Shannon, Ponte Vedra Beach, FL, for Respondent.


MADSEN, J.

¶ 1 Petitioner Samuel William Gurske contends that his deadly weapon sentence enhancement is invalid because the pistol found in a backpack in his truck was not readily available, and therefore he was not armed at the time of the commission of the crime of possession of a controlled substance. We agree and reverse the Court of Appeals.

Facts

¶ 2 The parties stipulated to the facts. On August 2, 2001, a Pullman, Washington, police...

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