Washington v. Stephens

Petitioner Stephens was convicted of second-degree assault while armed with a deadly weapon which was also a firearm. The Court of Appeals affirmed. State v. Stephens, 22 Wash. App. 548, 591 P.2d 827 (1978). Stephens challenges the decision claiming that (1) an instruction phrasing the names of the two prosecuting witnesses in the disjunctive was not harmless error, and (2) RCW 9.41.025, the firearm enhancement statute, cannot be applied to the crime of second-degree assault under State v. Workman, 90 Wash. 2d 443, 584 P.2d 382 (1978). We agree with petitioners first contention and we modify the opinion of the Court of Appeals accordingly.