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AGO Opinions with Topic: TERM OF CONFINEMENT
AGO 1963 No. 56 >  September 12, 1963
OFFICES AND OFFICERS - STATE - BOARD OF PRISON TERMS AND PAROLES - PERSON ARMED WITH DEADLY WEAPON AT TIME OF COMMISSION OF CRIME - TERM OF CONFINEMENT - SPECIAL VERDICT - AUTHORITY OF BOARD TO MAKE INDEPENDENT INVESTIGATION
OFFICES AND OFFICERS ‑- STATE ‑- BOARD OF PRISON TERMS AND PAROLES ‑- PERSON ARMED WITH DEADLY WEAPON AT TIME OF COMMISSION OF CRIME ‑- TERM OF CONFINEMENT ‑- SPECIAL VERDICT ‑- AUTHORITY OF BOARD... (1) The "special verdict" contemplated by RCW 9.95.015 is the finding made by a jury and reported to the court that a person found guilty was "armed with a deadly weapon at the time of commission of the crime." (2) Same :  There is no requirement that the board of prison terms and paroles be furnished with a copy of a special verdict on a finding of the court, it being sufficient if the sentence and judgement contains the necessary information. (3) Same :  When a person is convicted of robbery and no finding of fact, or special verdict, is made pursuant to RCW 9.95.015, but there is evidence in the board's possession convincingly showing that such person was "armed with a deadly weapon at the time of the commission of the crime," the board must fix the minimum term of confinement of five years if such person has not been previously convicted of a felony. (4) Same :  If there is no evidence whatsoever that a person convicted of robbery was armed with a deadly weapon at the time of the commission of the crime, the board is not required to fix the minimum term prescribed by RCW 9.75.010.
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