State v. Rai

Once a jury returns a special verdict, finding that a defendant was armed with a deadly weapon during the commission of a crime, it is up to the sentencing court to determine whether the defendant’s sentence must be lengthened by the deadly weapon enhancement provisions of RCW 9.94A.125 or the firearm enhancement provisions of RCW 9.94A.310. But where, as here, the uncontested evidence before the court shows that the defendant was armed with a firearm, the court errs as a matter of law by failing to enhance the defendant’s sentence under RCW 9.94A.310. We affirm Rai’s conviction, but vacate…