In re the Personal Restraint of Netherton

¶1 Lorraine Netherton was convicted of second degree murder. The trial court erroneously imposed a firearm sentence enhancement based on the jury’s “deadly weapon” finding. Because one or more of her appellate counsel misapprehended who was representing Netherton at a critical stage of her direct appeal, Netherton lost the opportunity to obtain reversal of the firearm enhancement under State v. Recuenco, 163 Wn.2d 428, 180 P.3d 1276 (2008) (Recuenco III), and State v. Williams-Walker, 167 Wn.2d 889, 901-02, 225 P.3d 913 (2010). We reverse the Court of Appeals on the basis of ineffective…