In Re the Personal Restraint of Carle

Clifford Carle filed a personal restraint petition challenging the enhancement of his penalty following a conviction for first-degree robbery. The petition was not filed as a class action. The petition is granted and the cause remanded for the sole purpose of correcting an erroneous sentence.

Petitioner was charged with first-degree robbery while armed with a deadly weapon, pursuant to RCW 9A.56.200 and RCW 9.95.015. He pleaded guilty and admitted he was so armed. Thereafter, the trial court entered a finding that petitioner "was armed with a deadly weapon as defined by RCW 9.95.040, to-wit: a…