In Re the Personal Restraint of Habbitt

We granted discretionary review in these cases to decide a single issue: What is the proper remedy when firearm findings under RCW 9.41.025 are found to have been erroneously applied to enhance first degree robbery convictions? We hold that the proper remedy is to remand the cause for resentencing.

In State v. Workman, 90 Wn.2d 443, 584 P.2d 382 (1978), we held that the enhanced penalty provision of the Uniform Firearms Act, RCW 9.41.025, could not be applied so as to impose an additional penalty on one found guilty of attempted first degree robbery. Since the defendants in Workman were…