In re the Personal Restraint of Eastmond

¶1 James Eastmond was convicted of first degree robbery and first degree burglary. At sentencing, the trial court imposed a firearm sentence enhancement for each count based on the jury’s determination that Eastmond was armed with a deadly weapon. While Eastmond’s case remained on direct appeal, we decided State v. Recuenco, 154 Wn.2d 156, 110 P.3d 188 (2005) (Recuenco I), rev’d on other grounds by 548 U.S. 212, 126 S. Ct. 2546, 165 L. Ed. 2d 466 (2006) (Recuenco II), in which we recognized that such sentences violated the Sixth Amendment to the United States Constitution. Id. at 162-63. By…