Facts: Petitioner Schawn Cruze was sentenced to life imprisonment without the possibility of parole pursuant to Washington Revised Code §9.94A.570 (which imposes life imprisonment without the possibility of parole upon persistent offenders convicted of three “most serious” offenses) following two assault convictions and a conviction for possession of methamphetamine while armed with a firearm. Cruze subsequently filed a personal restraint petition in the Washington Court of Appeals challenging his life sentence, asserting that despite the fact that the statute of limitations for challenging his sentence had elapsed, his petition was not time barred insofar as the sentence was invalid on its face as his conviction for possession of methamphetamine while armed with a firearm was not a most serious offense as defined by Washington Revised Code §9.94A.030(23(t) as it was not a felony conviction accompanied by a deadly weapon special verdict. The Washington Court of Appeals transferred the petition to the Supreme Court of Washington.

Question(s): Was the special verdict finding Cruze guilty of possession of methamphetamine while armed with a firearm a conviction for a most serious offense for purposes of §9.94A.030(23(t)?

Conclusion: Justice Owens’ opinion for the Court ruled that the Cruze’s sentence was not invalid on its face as Cruze’s conviction for possession of methamphetamine while armed with a firearm was a most serious offense as the special verdict finding that Cruze was armed with a firearm was a deadly weapon special verdict for purposes of §9.94A.030(23(t). The Court concluded that although separate firearm and deadly weapon enhancements were created by Initiative 159, which imposes enhanced sentences upon offenders committing crimes while armed with a deadly weapon, the deadly weapon enhancement was intended to apply solely to crimes committed while armed with a deadly weapon other than a firearm and did not alter the status of firearms as a type of deadly weapon.

Docket No. 82567-0

Petitioner: Schawn Cruze

(Counsel: Jeffrey Erwin Ellis)

Respondent: State of Washington

(Counsel: Rachael Rogers Probstfeld)

Briefs:

Argument: Thursday, February 25, 2010 1:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, August 12th, 2010

Prevailing Party: State of Washington (Respondent)

Vote: 7-2

Citation: Pending

Court: Madsen1 Court (2010-)

Madsen

Johnson

Alexander
(Dissent)

Sanders

Chambers

Owens
(Majority)

Fairhurst

Johnson

Stephens