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STATE v. KELLEY

No. 82111-9.

226 P.3d 773 (2010)

168 Wash.2d 72

STATE of Washington, Respondent, v. Dustin Ross KELLEY, Petitioner.

Supreme Court of Washington, En Banc.

Decided January 21, 2010.

Attorney(s) appearing for the Case

Rebecca Wold Bouchey, Attorney at Law, Mercer Island, WA, for Petitioner.

Kathleen Proctor, Melody M. Crick, Pierce County Prosecuting Attorney, Tacoma, WA, for Respondent.

MADSEN, C.J.

¶ 1 The defendant challenges the Court of Appeals' decision that double jeopardy principles are not violated by imposition of a firearm enhancement where use of a firearm is an element of the underlying offense. We affirm the Court of Appeals.

FACTS

¶ 2 On February 22, 2006, victim Beau Pearson was visiting Klaus Stearns at a trailer in the backyard of Petra Scholl's house in Tacoma. Ms. Scholl is Stearns' mother. Mr. Pearson...

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