Opinion
65176-5-I
08-20-2012
STATE OF WASHINGTON, Respondent, v. JAVON DASHAUN PITCHFORD, Appellant.
UNPUBLISHED OPINION
Ellington, J.
In our first opinion on this matter, we affirmed Javon Pitchford's first degree rape conviction. We vacated the firearms sentence enhancement and remanded for resentencing, however, because the trial court instructed Pitchford's jury it must be unanimous to answer whether the State proved the facts necessary to support a sentencing enhancement. Under State v. Bashaw, such an instruction was error.
169 Wn.2d 133, 145, 234 P.3d 195 (2010).
In State v. Nunez, however, the Supreme Court overruled Bashaw and expressly approved the instruction given here. The Supreme Court granted Pitchford's petition for review only on the issue of the firearms enhancement, and remanded to this court for reconsideration in light of Nunez.
State v. Nunez, Nos. 85789-0, 85947-7, 2012 WL 2044377, at *6 (Wash. June 7, 2012).
In light of that decision, we now affirm Pitchford's sentence.
WE CONCUR: