Court of Appeals of Washington February 5, 2004, No. 21009-0-III (State v. Gurske)

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United States · · · 05-02-2004

lead-opinion

Sweeney, J.

—A person is armed for purposes of a weapon enhancement if a weapon is easily accessible and readily available for use. State v. Schelin, 147 Wn.2d 562, 567, 55 P.3d 632 (2002). A pistol need not be loaded to satisfy the requirement of the act. Id. at 567 n.2. The parties here stipulated that the backpack holding Samuel W.

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