State v. Silva-Baltazar

This case arises out of the convictions of Jose Silva-Baltazar and Antonio Mendoza for pos*474session of cocaine with intent to deliver. The Defendants appealed on a number of issues. In an unpublished decision, the Court of Appeals affirmed the convictions and sentences. State v. Mendoza, noted at 70 Wn. App. 1036 (1993). The Defendants petitioned for review and this court accepted review only for resolution of two issues: whether RCW 69.50.435 defines an offense or a penalty enhancement, and if it is an enhancement, whether it applies to accomplices. We hold that RCW 69.50.435 is an enhancement…