State v. Theilken

The issue presented in this case is whether the firearm and deadly weapon sentence enhancement provisions found in RCW 9.41.025 and RCW 9.95.040 may be applied to an unintentional crime such as first degree manslaughter. We hold that those provisions may be so applied.

I

On February 16, 1983, Larry Wilmorath died as a result of a gunshot wound to the head. Respondent herein, Charles Bernard Theilken, was charged by information with the crime of manslaughter in the first degree — RCW 9A.32.060(l)(a). The information also contained allegations that, at the time of the events, respondent was armed…