Washington v. O’Neal

Docket No. 76950-8  Facts:  Petitioner Harry O’Neal was convicted of the manufacture of methamphetamine while armed with a firearm in the Superior Court for Thurston County after a search of his home revealed drug paraphernalia and several firearms.  O’Neal appealed the sentencing enhancement arising from the jury’s finding that he committed the crime while armed with a firearm, asserting that the firearms were not easily accessible and readily available and that there was no nexus between him, the manufacture of methamphetamine, and the firearms.  The Washington Court of Appeals affirmed O’Neal’s conviction. Continue reading

Washington v. Eckenrode

Docket No. 76100-1  Facts:  Petitioner Don Eckenrode was convicted of the manufacture and possession of marijuana while armed with a firearm in the Superior Court for Pierce County and sentenced.  Eckenrode appealed the sentencing enhancement arising from the jury’s finding that he committed the crimes while armed with a firearm, asserting that the trial court erred in failing to instruct the jury that it needed to find a nexus between him, the manufacture and possession of marijuana, and the firearm.  The Washington Court of Appeals affirmed Eckenrode’s sentence. Continue reading