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STATE v. PINEDA-PINEDA

No. 61722-2-I.

226 P.3d 164 (2010)

STATE of Washington, Respondent, v. Eli PINEDA-PINEDA, Appellant.

Court of Appeals of Washington, Division 1.

March 1, 2010.

Attorney(s) appearing for the Case

Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, Seattle, WA, for Appellant.

Trisha Dian Johnson, Skagit County Prosecuting Attorney, Mount Vernon, WA, for Respondent.

APPELWICK, J.

¶ 1 Eli Pineda-Pineda appeals his sentence enhancement for delivery of a controlled substance in a school zone, as authorized by RCW 69.50.435. Because he was convicted of the crime based on accomplice liability and was not physically present in the school zone when the delivery occurred, he argues the enhancement should be vacated. Without explicit statutory authorization for imposition of the enhancement on the basis of accomplice liability, the...

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