State v. Adlington-Kelly

Dimmick, J. —

At issue is whether the penalty enhancement provisions of the Uniform Firearms Act, RCW 9.41-*918.025, may be applied to a conviction for first degree assault. Although this is a matter of first impression for this court,1 the issue has been before the Court of Appeals on several occasions with Divisions One and Two reaching opposite conclusions. Compare State v. Wilson, 25 Wn. App. 891, 611 P.2d 1312 (1980), and State v. Caldwell, 23 Wn. App. 8, 591 P.2d 849 (1979), rev'd on other grounds, 94 Wn.2d 614, 618 P.2d 508 (1980), with State v. Miles, 24 Wn. App. 430, 601 P.2d 971 (1979).…