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IN RE GUNTER

No. 50404-1.

102 Wn.2d 769 (1984)

689 P.2d 1074

In the Matter of the Personal Restraint of STEVEN WAYNE GUNTER, Petitioner.

The Supreme Court of Washington, En Banc.

October 25, 1984.

Attorney(s) appearing for the Case

Forsch & Maslan, Robert G. Maslan, and Michael P. Harris, for petitioner.

Norm Maleng, Prosecuting Attorney, and Barbara L. Corey-Boulet and Deborah J. Phillips, Deputies, for respondent.

DORE, J.

We hold the rule in State v. Tongate retroactive in personal restraint petitions, and grant the relief requested.

In State v. Tongate, 93 Wn.2d 751, 613 P.2d 121 (1980), we held that enhanced punishment under RCW 9.95.040 requires proof beyond a reasonable doubt that the defendant was armed with an actual deadly weapon when he committed the crime. State v. Pam,...

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