In Re the Personal Restraint of Scott

¶1 In the wake of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004), we held that a trial judge lacked the authority to impose a firearm enhancement based on a jury’s deadly weapon special verdict. State v. Recuenco, 163 Wn.2d 428, 442, 180 P.3d 1276 (2008) (Recuenco III). We now must decide whether a court may refer to verdict forms to determine whether a judgment and sentence is valid on its face and thus not subject to collateral attack under RCW 10.73.090 and whether Recuenco III applies retroactively to cases that were final when it was announced. We conclude…