State v. Pineda-Pineda

¶1 Eli Pineda-Pineda appeals his sentence enhancement for delivery of a controlled substance in a school zone, as authorized by RCW 69.50.435. Because he was convicted of the crime based on accomplice liability and was not physically present in the school zone when the delivery occurred, he argues the enhancement should be vacated. Without explicit statutory authorization for imposition of the enhancement on the basis of accomplice liability, the defendant’s own acts must form the basis for the enhancement. We vacate the sentence enhancement.

¶2 He also argues his conviction for conspiracy to…