State v. Tongate

A jury found petitioner Wayne Douglas Tongate guilty of first-degree robbery, with a special finding that he was armed with a deadly weapon. On appeal, petitioner argued that the State had the burden of proving beyond a reasonable doubt that he was armed with a deadly weapon. The Court of Appeals disagreed with this contention and in an unpublished opinion affirmed the conviction and the enhanced sentence required by RCW 9.95.040. We reverse the sentencing portion of the judgment.

After instructing the jury as to the offense charged, the trial court gave the following special verdict…