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STATE v. WILLIAMS-WALKER

Nos. 78611-9, 78876-6, 79074-4.

225 P.3d 913 (2010)

167 Wash.2d 889

STATE of Washington, Respondent, v. Aro T.J. WILLIAMS-WALKER, Petitioner. State of Washington, Respondent, v. Curtis Eugene Graham, Petitioner. State of Washington, Respondent, v. Matthew Robert Ruth, Petitioner.

Supreme Court of Washington, En Banc.

Decided January 14, 2010.

Attorney(s) appearing for the Case

Susan Marie Gasch, Gasch Law Office, Spokane, WA, Susan F. Wilk, Washington Appellate Project, Andrew Peter Zinner, Nielsen Broman Koch PLLC, Seattle, WA, for Petitioners.

Thomas Marshal Curtis, Snohomish County Prosecutor's Office, Everett, WA, Steven J. Tucker, Mark Erik Lindsey, Spokane County Prosecutor's Office, Spokane, WA, for Respondents.

Jeffrey Erwin Ellis, Ellis Holmes & Witchley PLLC, Seattle, WA, Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.

C. JOHNSON, J.

¶ 1 In these consolidated cases, five-year firearm enhancement sentences were imposed on the defendants, where the juries were instructed and asked to find by special verdict whether the defendants were armed with a deadly weapon. We must decide, first, whether this sentence was an error and, second, whether under article I, sections 21 and 22 of the Washington Constitution, this type of error is subject to a harmless error analysis. We hold that...

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