State v. O'Neal

¶1 — We heard this case as a companion to State v. Eckenrode, 159 Wn.2d 489, 150 P.3d 1116 (2007) and State v. Easterlin, 159 Wn.2d 203, 149 P.3d 366 (2006) in order to address, again, when a defendant is “armed” for the purposes of a deadly weapons enhancement under the “Hard Time for Armed Crime Act” of 1995. Laws of 1995, ch. 129, § l(l)(a) (Initiative Measure No. 159).

Chambers, J.

¶2 Harry, Jesse, and Greg O’Neal1 all received firearms enhancements on a variety of drug charges. At the time of arrest, none of these men were holding weapons. Having reviewed the record, we conclude that there…