Opinion
65214-1-I
10-22-2012
STATE OF WASHINGTON, Respondent, v. JAMES ONEIL WIGGIN, Appellant.
UNPUBLISHED OPINION
ON REMAND
LAU, J.
In our first opinion on this matter, we affirmed James Wiggin's first degree robbery conviction. We vacated the deadly weapon sentence enhancement, and remanded for resentencing, however, because the trial court instructed Wiggin's jury it must be unanimous to answer whether the State proved the facts necessary to support a sentencing enhancement. Under State v. Bashaw, 169 Wn.2d 133, 145, 234 P.3d 195 (2010), such an instruction was error.
In State v. Nunez, 174 Wn.2d 708, 285 P.3d 21 (2012), however, the Supreme Court overruled Bashaw and expressly approved the instruction given here. The Supreme Court granted the State's petition for review only on the issue of the deadly weapon enhancement and remanded to this court for reconsideration in light of Nunez.
In light of that decision, we now affirm Wiggin's sentence.