Psr Of Casey R. Woodson

50201-1Washctapp24 apr 2018

Testo completo

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of No. 50201-1-II
the Post-Sentence Review of
CASEY R. WOODSON,
ORDER DENYING RECONSIDERATION,
Respondent. GRANTING MODIFICATION, AND
AMENDING UNPUBLISHED OPINION
Pacific County requests reconsideration of this Court’s unpublished opinion filed March
20, 2018.
After consideration, the court DENIES the County’s request, but MODIFIES the opinion
to correct clerical errors. Although second degree robbery is a most serious offense, Woodson
was still not subject to indeterminate sentencing under RCW 9.94A.507(1)(b) because second
degree robbery is not an offense listed in RCW 9.94A.030(38)(b).
Page 1 of the opinion which states:
“. . . conviction for second degree burglary . . . .”
To correct a clerical error, the Court amends the sentence to read:
“. . . conviction for second degree robbery . . . .”
Page 1 of the opinion which states:
“DOC contends, and the State and Woodson agree . . . .”
To correct a clerical error, the Court amends the sentence to read:
“DOC contends, and Woodson agrees . . . .”
Filed
Washington State
Court of Appeals
Division Two
April 24, 2018
No. 50201-1-II
2
Accordingly, it is so ORDERED.
PANEL: Jj. Worswick, Melnick, Sutton
FOR THE COURT:
Worswick, P.J.
We concur:
Melnick, J.
Sutton, J.
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of No. 50201-1-II
the Post-Sentence Review of
CASEY R. WOODSON,
Respondent.
UNPUBLISHED OPINION
WORSWICK, P.J. — The Department of Corrections (DOC) petitioned this court under
RCW 9.94A.585(7) to review the sentence imposed by the trial court in State v. Casey R. Woodson,
Pacific County Superior Court Cause No. 16-1-00166-0. Woodson pleaded guilty to three counts
of first degree dealing in depictions of minors engaged in sexually explicit conduct. The trial court
sentenced him under RCW 9.94A.507(1)(b) and (3) to a minimum term of confinement of 57
months and a maximum term of confinement of the statutory maximum. DOC contends, and the
State and Woodson agree, that the court erred in sentencing Woodson under RCW 9.94A.507(1)(b)
because his prior conviction for second degree burglary was not a qualifying conviction. See State
v. Martell, 200 Wn. App. 293, 304, 402 P.3d 387 (2017). We grant DOC’s petition and remand
Filed
Washington State
Court of Appeals
Division Two
March 20, 2018
No. 50201-1-II
2
Woodson’s judgment and sentence to the trial court to consider the validity of the plea and, if
appropriate, for resentencing.
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040,
it is so ordered.
WORSWICK, P.J.
We concur:
MELNICK, J.
SUTTON, J.

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