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IN RE PERSONAL RESTRAINT OF RIVERA

No. 61835-1-I.

218 P.3d 638 (2009)

In the Matter of the PERSONAL RESTRAINT OF Salvador Hernandez RIVERA, Petitioner.

Court of Appeals of Washington, Division 1.

October 19, 2009.

Attorney(s) appearing for the Case

Nancy P. Collins, Washington Appellate Project, Seattle, WA, for Petitioner.

David Stuart McEachran, Hilary A. Thomas, Whatcom County Prosecutors Office, Bellingham, WA, for Respondent.

PUBLISHED OPINION

GROSSE, J.

¶ 1 A trial court does not exceed its authority by imposing a firearm enhancement when the jury returns a special verdict making a deadly weapon finding if the firearm enhancement was properly charged and the fact that a firearm was used is necessarily reflected in the jury's general verdict of guilt.

¶ 2 Rivera challenges the judgment and sentence in a personal restraint petition contending that it is facially...

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