State v. Guzman Nuñez

f 1 The Sixth Amendment to the United States Constitution requires that a jury must unanimously find beyond a reasonable doubt any aggravating circumstances that increase a defendant’s sentence. In Washington, a jury uses special verdict forms to find these aggravating circumstances. In State v. Bashaw, 169 Wn.2d 133, 234 P.3d 195 (2010), we held in part that a jury may reject a special finding on an aggravating circumstance even if the jurors are not unanimous.1 In these two consolidated cases, the trial court instructed the jury that it must be unanimous to either accept or reject the…