STATE v. McKIM

No. 47379-0.

98 Wn.2d 111 (1982)

653 P.2d 1040

THE STATE OF WASHINGTON, Respondent, v. RICHARD FRANKLIN McKIM, Petitioner.

The Supreme Court of Washington, En Banc.

November 18, 1982.


Attorney(s) appearing for the Case

Lewis H. Nomura, Rosemary P. Bordlemay, and Michael Filipovic of Seattle-King County Public Defender Association, for petitioner.

Norm Maleng, Prosecuting Attorney, and Robert S. Lasnik, Senior Deputy, for respondent.


WILLIAMS, J.

The issue before us is whether the deadly weapon statute, RCW 9.95.040,1 can be applied to enhance the sentence of a defendant who was not personally armed during the commission of an offense. The trial court answered affirmatively and so instructed the jury, which returned a special verdict finding petitioner was armed with a deadly weapon. The Court of Appeals, Division One, agreed...

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