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STATE v. GURSKE

No. 21009-0-III.

83 P.3d 1051 (2004)

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

Court of Appeals of Washington, Division 3, Panel Six.

February 5, 2004.

Attorney(s) appearing for the Case

John S. Snyder, Steven P. Martonick, Snyder Law Office, Pullman, for Appellant.

Ann C. Shannon, Deputy Prosecuting Attorney, Colfax, for Respondent.

SWEENEY, J.

A person is armed for purposes of a weapon enhancement if a weapon is easily accessible and readily available for use. State v. Schelin, 147 Wn.2d 562, 567, 55 P.3d 632 (2002). A pistol need not be loaded to satisfy the requirement of the act. Id. at 567 n. 2, 55 P.3d 632. The parties here stipulated that the backpack holding Samuel Gurske's pistol was "within arms reach...

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