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STATE v. RECUENCO

No. 74964-7.

110 P.3d 188 (2005)

154 Wash.2d 156

STATE of Washington, Respondent, v. Arturo R. RECUENCO, Petitioner.

Supreme Court of Washington, En Banc.

Decided April 14, 2005.

Attorney(s) appearing for the Case

Gregory Charles Link, Washington Appellate Project, Rita Joan Griffith, Seattle, for Petitioner.

James Morrissey Whisman, King County Prosecutor's Office, Seattle, for Respondent.

James Elliot Lobsenz, Carney Badley Spellman, Seattle, for Amicus Curiae Wash. Ass'n of Criminal Defense Lawyers.

FAIRHURST, J.

¶ 1 Arturo Recuenco was charged with second degree assault with a deadly weapon enhancement because he assaulted his wife while holding a gun. At trial, the jury returned a guilty verdict on the assault charge and a special verdict that Recuenco was armed with a deadly weapon. But the trial court imposed a sentence enhancement based on Recuenco's being armed with a firearm, which was greater than that for a deadly weapon. This court granted review...

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