Facts: Petitioner Daniel Simms was convicted of robbery, assault, and unlawful possession of a firearm in the Superior Court for King County and sentenced. As Simms had previously been convicted of assault while armed with a firearm, the firearm enhancement applied to his sentence was doubled pursuant to Washington Revised Code §9.94A.533(3). Simms subsequently appealed his sentence, asserting that the respondent state of Washington was required to allege in the information specifying the essential elements of the firearm enhancement that he had previously been sentenced to a firearm enhancement in order to provide sufficient notice and allow him to prepare a defense. The Washington Court of Appeals affirmed Simms’ sentence. Simms appealed this decision to the Supreme Court of Washington.
Question(s): Is the state required to allege in its information that a defendant has previously been sentenced to a firearm enhancement when seeking a double enhancement pursuant to §9.94A.533(3)?
Conclusion: Justice James M. Johnson’s opinion for a unanimous Court affirmed the Washington Court of Appeals, concluding that as the firearm enhancement for Simms’ previous conviction was not a fact supporting an element of the charged crime, the state was not required to include it in its information despite the fact that it doubled the firearm enhancement imposed.
Petitioner: Daniel Simms
(Counsel: Gregory Charles Link)
Respondent: State of Washington
(Counsel: Dennis John McCurdy)
- Answer to Motion to Strike
- Appellant Brief
- Motion to Strike
- Petition for Review
- Respondent Brief
- Statement of Additional Gorunds Dated 11-28-07
- Statement of Additional Grounds Dated 10-6-08
- Supplemental Brief of Petitioner
- Supplemental Brief of Respondent
- Supplemental Brief of Respondent Limited to Newly Raised Issue
Argument: Thursday, January 20, 2011 1:30pm
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, April 7th, 2011
Prevailing Party: State of Washington (Respondent)
Court: Madsen2 Court (2011-)
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.