Summary
The Washington Supreme Court considered whether Mark Logan Schelin was “armed” for purposes of a deadly weapon sentencing enhancement based on a loaded revolver hanging near his marijuana grow operation. The court held that a defendant is armed when a deadly weapon is easily accessible and readily available, with a nexus connecting the defendant, weapon, and crime. The court affirmed the Court of Appeals and upheld the sentencing enhancement.
Topics
Practice areas
Questions Presented
- Whether Schelin was armed with a deadly weapon during the commission of his marijuana manufacturing and manufacturing-with-intent-to-deliver offenses for purposes of the former RCW 9.94A.310 deadly-weapon sentencing enhancement.
- What nexus between the defendant, the weapon, and the crime is required to establish that a defendant is armed when the weapon is constructively possessed.
Holdings
- A defendant is armed when the defendant is within proximity of an easily accessible and readily available deadly weapon for offensive or defensive use, and a nexus exists between the defendant, the weapon, and the crime.
- The evidence was sufficient to support the jury's finding that Schelin was armed because he was close to a loaded, readily accessible revolver that he constructively possessed to protect the marijuana grow operation.
- The deadly-weapon sentencing enhancements were mandatory after the jury found that Schelin was armed.
Key quotations
“A defendant is “armed” when he or she is within proximity of an easily and readily available deadly weapon for offensive or defensive purposes and when a nexus is established between the defendant, the weapon, and the crime.” (at 576)
“Simply constructively possessing a weapon on the premises sometime during the entire period of illegal activity is not enough to establish a nexus between the crime and the weapon.” (at 570)
Factual background
Police executing a search warrant at Schelin's home found a loaded revolver in a holster hanging on a wall approximately six to ten feet from where Schelin had been standing. The home contained a marijuana grow operation, harvested marijuana, scales, packaging materials, and other evidence associated with marijuana manufacturing and delivery. Schelin admitted that he lived in the home, owned the firearms, and kept the revolver near the bedroom to protect the home and marijuana operation.
Procedural history
Schelin was charged with marijuana offenses and later charged with deadly-weapon enhancements. The trial court denied suppression of a loaded revolver found near the marijuana grow operation, and a jury convicted Schelin on both offenses and found him armed with a deadly weapon. The trial court imposed 45 months' confinement, including 18 months for the enhancements. The Court of Appeals affirmed, and the Washington Supreme Court granted review and affirmed.