Legal Opinion

In re the Personal Restraint of Rivera

Court of Appeals of Washington

Decided October 19, 2009No. 61835-1-IPublishedCited by 5 opinions

1Opinion of the CourtGrosse, J.

¶1 A trial court does not exceed its authority by imposing a firearm enhancement when the jury returns a special verdict making a deadly weapon finding if the firearm enhancement was properly charged and the fact that a firearm was used is necessarily reflected in the jury’s general verdict of guilt.

¶2 Salvador Rivera challenges the judgment and sentence in a personal restraint petition, contending that it is facially invalid because the firearm enhancement was not authorized by the jury’s special verdict making a deadly weapon finding. Because the judgment and sentence properly cited the…

2Cases cited22 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Washington v. RecuencoSupreme Court of the United States · 2006
  3. State v. BrownWashington Supreme Court · 2002
  4. State v. BrownWashington Supreme Court · 1988
  5. State v. PamWashington Supreme Court · 1983

17 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re the Personal Restraint of ScottWashington Supreme Court · 2012
  2. In re the Personal Restraint of JacksonWashington Supreme Court · 2012
  3. State v. HartzellCourt of Appeals of Washington · 2009
  4. In Re the Personal Restraint of ScottWashington Supreme Court · 2012
  5. State Of Washington v. Bryan HartCourt of Appeals of Washington · 2014

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