State v. Sullivan

Gary Sullivan appeals his sentence following a guilty plea to a charge of first degree robbery. The appeal was argued to a court commissioner on a motion calendar pursuant to motion for accelerated review, RAP 18.15. The commissioner referred the case to a panel of judges for disposition because of its value as precedent.

The sole issue is whether the enhancement of sentence for one's use of a deadly weapon when committing a crime applies when the weapon is an unloaded firearm. The trial court ruled that it does apply. We agree.

The standard range sentence for defendant's crime was 31 to 41…