State v. McKim

The issue before us is whether the deadly weapon statute, RCW 9.95.040,1 can be applied to enhance the sentence of a defendant who was not personally armed during the commission of an offense. The trial court answered affirmatively and so instructed the jury, which *113returned a special verdict finding petitioner was armed with a deadly weapon. The Court of Appeals, Division One, agreed and affirmed the conviction and enhanced sentence. We likewise agree the deadly weapon statute may apply to a personally unarmed participant in a crime, but reverse the courts below because the jury was not…