State v. Williams-Walker, 167 Wash. 2d 889

Summary

The Washington Supreme Court held that trial courts violated defendants' jury-trial rights by imposing firearm sentencing enhancements when juries had returned special verdicts finding only that the defendants were armed with a deadly weapon. The court further held that this sentencing error, which occurred when the courts imposed sentences unauthorized by the juries' express findings, was not subject to harmless-error analysis under the Washington Constitution. The court affirmed in Williams-Walker, reversed in Graham and Ruth, and remanded all three cases for resentencing.

Holdings

1. A deadly-weapon special verdict, even when the weapon was in fact a firearm, authorizes only the deadly-weapon enhancement and not the more severe firearm enhancement unless the jury expressly finds by special verdict that the defendant was armed with a firearm.
2. Under article I, sections 21 and 22 of the Washington Constitution, harmless-error analysis does not apply when the sentencing court imposes a firearm enhancement not authorized by the jury's express special verdict.

Questions Presented

1. Whether a sentencing court may impose a five-year firearm enhancement when the jury returned only a special verdict finding that the defendant was armed with a deadly weapon.
2. Whether imposition of an enhancement not authorized by the jury's express special verdict is subject to harmless-error analysis under the Washington Constitution.

Disposition

reversed_and_remanded