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STATE v. BARNES

No. 74408-4.

103 P.3d 1219 (2005)

STATE of Washington, Respondent, v. Erik Vincent BARNES, Petitioner.

Supreme Court of Washington, En Banc.

Decided January 13, 2005.

Reconsideration Denied March 7, 2005.

Attorney(s) appearing for the Case

Dana M. Lind, Nielsen Broman & Koch PLLC, Seattle, for Petitioner.

Seth Aaron Fine, Snohomish Co. Pros. Ofc., Everett, for Respondent.

MADSEN, J.

Erik Barnes challenges a firearm enhancement to his sentence for possession of a controlled substance. Barnes contends that the jury instructions relating to the firearm enhancement improperly omitted a knowledge requirement and thus relieved the State of proving the enhancement beyond a reasonable doubt. We conclude that the jury instruction was proper and affirm the Court of Appeals.

FACTS

On February 11, 2000, Trooper Anderson responded...

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