In Re the Personal Restraint of Scott

271 P.3d 218 (2012)

173 Wn.2d 911

In the Matter of the Personal Restraint of Joshua Dean SCOTT, Respondent.

No. 82951-9.

Supreme Court of Washington, En Banc.

Argued November 16, 2010.

Decided March 1, 2012.

Michelle Hyer, Kathleen Proctor, Thomas Charles Roberts, Pierce County Prosecutor's Office, Tacoma, WA, for Petitioner.

Suzanne Lee Elliott, Attorney at Law, Seattle, WA, for Respondent.

CHAMBERS, J.

¶ 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…