State v. Bainard

¶1 — Nicolas Bainard appeals the firearm enhancements to his sentence for his convictions on two counts of second degree murder. He claims that because the jury found that he was armed with a deadly weapon, he should have been sentenced to a two-year deadly weapon enhancement, rather than the five-year firearm enhancement, which was not based on facts found by the jury. We agree and reverse the sentence and remand for correction of his sentence.

¶2 The State cross-appeals, asserting that the trial court erred by vacating the guilty verdict on the first degree arson *98charge. The court held that…