STATE v. RAI

No. 40098-3-I.

983 P.2d 712 (1999)

97 Wash.App. 307

STATE of Washington, Appellant, v. Sadhu Singh RAI, Respondent.

Court of Appeals of Washington, Division 1.

September 7, 1999.


Attorney(s) appearing for the Case

Laura D. Hayes, Bellingham, for Appellant.

Robert Martin Hill, Morgan Hill, PC, Olympia, for Respondent.


GROSSE, J.

Once a jury returns a special verdict, finding that a defendant was armed with a deadly weapon during the commission of a crime, it is up to the sentencing court to determine whether the defendant's sentence must be lengthened by the deadly weapon enhancement provisions of RCW 9.94A.125 or the firearm enhancement provisions of RCW 9.94A.310. But where, as here, the uncontested evidence before the court shows that the defendant was armed with a firearm,...

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