STATE v. RECUENCO

No. 74964-7.

180 P.3d 1276 (2008)

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

Supreme Court of Washington, En Banc.

Decided April 17, 2008.


Attorney(s) appearing for the Case

Gregory Charles Link, Washington Appellate Project, Seattle, for Appellant.

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

James Elliot Lobsenz, Carney Badley Spellman, Seattle, Amicus Curiae for Washington Association of Criminal Defense Lawyers.


C. JOHNSON, J.

¶ 1 This case asks us to determine whether Washington law requires a harmless error analysis where a sentencing factor, such as imposition of a firearm enhancement based on a deadly weapon finding, was not submitted to the jury.1 The United States Supreme Court in Washington v. Recuenco, 548 U.S. 212, 126 S.Ct. 2546, 165 L.Ed.2d 466 ...

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