State Of Washington, Respondent V. John Delafield, Appellant

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON,
Respondent,
v.
JOHN STUART DELAFIELD,
Appellant.
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No. 80435-9-I
UNPUBLISHED OPINION
PER CURIAM — John Delafield appeals the sentence imposed following his
conviction for possessing a controlled substance, i.e., heroin. Delafield contends, and
the State concedes, that the State failed to prove his criminal history by a
preponderance of the evidence and that Delafield must be resentenced. The State
adds, and Delafield does not dispute, that it is entitled on remand to present relevant
evidence to prove Delafield’s proper offender score. We accept the State’s concession
and remand for resentencing. Because Delafield will be resentenced, we need not
reach his claim regarding the community supervision fee.
Remanded for proceedings consistent with this opinion.
FOR THE COURT: