Personal Restraint Petition Of Carlos Jermaine Hull

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the Personal Restraint of No. 55068-7-II
CARLOS JERMAINE HULL,
UNPUBLISHED OPINION
Petitioner.
WORSWICK, J. — Carlos Hull seeks relief from personal restraint imposed following his
2017 convictions for two counts of first degree assault, one count of second degree assault, and
one count of first degree unlawful possession of a firearm. He argues first that the evidence is
insufficient to support the unlawful possession conviction because no firearm was ever
recovered.1 Evidence is sufficient if, after viewing it in the light most favorable to the State, any
rational trier of fact could have found the essential elements of the crime beyond a reasonable
doubt. State v. Salinas, 119 Wn.2d 192, 201, 829 P.2d 1068 (1992). As described in the opinion
filed in his direct appeal, three witnesses saw Hull fire a pistol, striking two others. State v. Hull,
No. 51037-5-II, slip op. at 2 (Wash. Ct. App. Apr. 30, 2019) (unpublished),
http://www.courts.wa.gov/opinions/pdf/510375.pdf. That testimony constitutes sufficient
evidence that he had possession of an operable firearm.
Second, Hull argues that his conviction for unlawful possession of a firearm and his
firearm enhancements on the assault convictions constitute double jeopardy. They do not. State
1 We issued the mandate of Hull’s direct appeal on June 7, 2019, making his May 1, 2020 motion
to correct sentence timely filed. RCW 10.73.090(3)(b). Hull filed his motion with the trial
court, which transferred it to us under CrR 7.8(c) to be considered as a personal restraint petition.
Filed
Washington State
Court of Appeals
Division Two
October 13, 2020

No. 55068-7-II
v. Reid, 40 Wn. App. 319, 324-25, 698 P.2d 588 (1985). See also State v. Kelley, 168 Wn.2d 72,
84, 226 P.3d 773 (2010).
Last, Hull argues that his offender scores are incorrect because he had only 5½ points in
prior offenses. But for the first first degree assault conviction and the first degree unlawful
possession of a firearm, the second first degree assault conviction is a serious violent “other
current offense” that counts as 3 points. Former RCW 9.94A.030(46)(a)(v) (2015)2; former
RCW 9.94A.525(9) (2013). And for the second degree assault conviction, both first degree
assault convictions are violent “other current offenses” that count as 2 points and his first degree
unlawful possession of a firearm is an “other current offense” that counts as 1 point. Former
RCW 9.94A.030(55)(a)(i) (2015); former RCW 9.94A.525(8) (2013). Hull’s offender scores are
correct.
Hull does not show any grounds for relief from personal restraint. We therefore deny his
petition and deny his request for appointment of counsel.
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, J.
_____________________________
Sutton, A.C.J.
_____________________________
Glasgow, J.
2 LAWS OF 2015, ch. 287, § 1.