(DOWNLOAD) "State V. Akers" by Washington Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: State V. Akers
- Author : Washington Court of Appeals
- Release Date : January 24, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Larry Hendrix appeals his conviction and enhanced sentence for delivery of cocaine within 1000 feet of the perimeter of the Seattle School District's Youth Education Program (YEP) located in the Alaska Building in downtown Seattle. Hendrix argues, inter alia, that reversal of the sentence enhancement is required under State v. Becker, 132 Wn.2d 54, 935 P.2d 1321 (1997) in that (1) the special verdict form contained an improper comment on the evidence, and (2) he had no readily available means of determining that he was in a protected zone at the time of the drug transaction.1 In Becker, a similarly worded special verdict form misidentified YEP as "Youth Employment Education Program School," thereby literally instructing the jury that YEP was a "school". Here, in contrast, the special verdict form did not refer to YEP as a "school". Rather the reference to "Youth Education Program" merely designated the specific location in question for the jury to consider. Accordingly, we find no manifest constitutional error in the special verdict form and decline to reverse the sentence enhancement on that ground. Nevertheless, we reverse the sentence enhancement because the record fails to establish that Hendrix had a readily accessible means of determining, on June 16, 1994, the date of the drug transaction, that he was within 1000 feet of the perimeter of a school ground.
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