State v. Tongate

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the deadly weapon enhancement statute, RCW 9.95.040, requires proof beyond a reasonable doubt that defendant had a weapon at the time the offense was committed, even though possession of the weapon is not an element of the crime
• holding that the deadly weapon enhancement statute, RCW 9.95.040, requires proof beyond a reasonable doubt that defendant had a weapon at the time the offense was committed, even though possession of the weapon is not an element of the crime
• holding RCW 9.95.040 requires the presence of a deadly weapon in fact for the sentence enhancement provision to operate
• finding the evidence was sufficient for the underlying crime, but faulty jury instruction meant enhanced penalty could not be imposed
• finding the evidence was sufficient for the underlying crime, but faulty jury instruction meant enhanced penalty could not be imposed
• distinguishing between a \toy gun\ and \a gun-like but nondeadly object\

Source: CourtListener parenthetical corpus (CC0).