STATE v. SOTO

No. 30121-4-III.

309 P.3d 596 (2013)

STATE of Washington, Respondent, v. David Aaron SOTO, Appellant.

Court of Appeals of Washington, Division 3.

August 22, 2013.


Attorney(s) appearing for the Case

Susan Marie Gasch , Gasch Law Office, Spokane, WA, for Appellant.

James Patrick Hagarty , Yakima County Prosecuting Attorney's Off., Yakima, WA, David Brian Trefry , Attorney at Law, Spokane, WA, for Respondent.


OPINION PUBLISHED IN PART

SIDDOWAY, A.C.J.

¶ 1 This case presents a statutory construction issue of first impression: whether a sentencing court has the statutory authority to impose a firearm sentence enhancement on a defendant's sentence for conviction of an unranked felony. We conclude that RCW 9.94A.533, which provides for firearm and other sentence enhancements, applies only to ranked offenses.

¶ 2 We therefore reverse the firearm...

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