AGO Opinion Topics: USE DEADLY WEAPON

A stipulation between counsel at the time of trial that a deadly weapon was used in the commission of the crime cannot be construed as being a finding of fact by the court or a special verdict by the jury that a deadly weapon as defined by RCW 9.95.040 was used in the commission of the crime charged as required by § 1, chapter 138, Laws of 1961, and should not be used by the board in fixing a mandatory minimum term of confinement under RCW 9.95.040.

The Board of Prison Terms and Paroles must fix the minimum penalty pursuant to statute regardless of whether information or findings disclose a deadly weapon was used.