State v. Perrin

Summary

The Washington Supreme Court held that a deadly‑weapon sentencing enhancement is part of the statutory standard‑range sentence and therefore may be waived when a mental‑health sentencing alternative under RCW 9.94A.695 is imposed. The Court resolved the statutory ambiguity in favor of the defendant using the rule of lenity and concluded that the “notwithstanding” language does not override the waiver provision. The judgment affirmed the trial court’s sentence of community custody without confinement for the enhancement.