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STATE v. BAINARD

No. 23247-6-III.

199 P.3d 460 (2009)

STATE of Washington, Respondent and Cross-Appellant, v. Nicolas A. BAINARD, Appellant.

Court of Appeals of Washington, Division 3.

January 6, 2009.

Attorney(s) appearing for the Case

Janet G. Gemberling, Gemberling & Dooris PS, Seattle, WA, for Appellant.

Douglas J. Shae, Attorney at Law, Wenatchee, WA, for Respondent and Cross-Appellant.

SCHULTHEIS, C.J.

¶ 1 Nicolas Bainard appeals the firearm enhancements to his sentence for his convictions on two counts of second degree murder. He claims that because the jury found that he was armed with a deadly weapon, he should have been sentenced to a two-year deadly weapon enhancement, rather than the five-year firearm enhancement, which was not based on facts found by the jury. We agree and reverse the sentence and remand for correction of his sentence...

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