State Of Washington, Respondent V. Sergio Reyes-brooks, Appellant
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IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON
STATE OF WASHINGTON,
No. 64012-7-I
Respondent,
v.
DIVISION ONE
SERGIO REYES-BROOKS,
UNPUBLISHED OPINION
ON REMAND
Appellant.
FILED: November 13, 2012
Leach, C.J. — The Washington Supreme Court granted the State's petition for
review of our first opinion in this matter and remanded the case to us for
reconsideration in light of its decision in State v. Guzman Nuñez.1
In our first opinion, we followed State v. Bashaw2 and vacated a firearms
sentence enhancement because the trial court instructed Reyes-Brooks’s jury it must
be unanimous to answer whether the State proved the facts necessary to support the
sentence enhancement. In Guzman Nuñez, the Supreme Court overruled Bashaw and
approved the instruction given by the trial court.
Brooks’s judgment and sentence.
WE CONCUR:
1
2
174 Wn.2d 707, 285 P.3d 21 (2012).
169 Wn.2d 133, 234 P.3d 195 (2010).
Therefore, we now affirm Reyes-
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