In re the Personal Restraint of Rivera
Court of Appeals of Washington
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
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Washington v. RecuencoSupreme Court of the United States · 2006
- State v. BrownWashington Supreme Court · 2002
- State v. BrownWashington Supreme Court · 1988
- State v. PamWashington Supreme Court · 1983
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3Cited by5 opinions
- In Re the Personal Restraint of ScottWashington Supreme Court · 2012
- In re the Personal Restraint of JacksonWashington Supreme Court · 2012
- State v. HartzellCourt of Appeals of Washington · 2009
- In Re the Personal Restraint of ScottWashington Supreme Court · 2012
- State Of Washington v. Bryan HartCourt of Appeals of Washington · 2014