In re Flynn

Madsen, C.J. CHIEF JUSTICE

¶ 1 Department II of the Court, composed of Chief Justice Madsen and Justices Owens, Stephens, González and Yu, considered the personal restraint petition at its June 28, 2016, Motion Calendar. The Petitioner argues that the trial court miscalculated his offender scores, resulting in erroneous standard range sentences for his 1994 convictions for first degree rape and first degree burglary. The State concedes that the criminal history used in calculating the offender scores included some convictions for crimes evidently committed by someone else, and that the history misidentified the crimes of conviction in other cases. The State admits that the offender score for the burglary conviction was incorrect and resulted in an incorrect standard sentence range, but it argues that the corrected offender score for the rape conviction does not alter the originally determined standard range. As to the rape conviction, whether the offender score of 9 was correct depends on whether the Petitioner committed his current crimes while under Department of Corrections supervision. Because a determination of the correct offender scores can best be resolved by remanding this matter to the trial court for resentencing on both convictions, the Department unanimously agreed that the following order be entered.

¶ 2 IT IS ORDERED:

¶ 3 That the Personal Restraint Petition is granted and the case is remanded to the Pierce County Superior Court for resentencing on the Petitioner's convictions for first degree rape and first degree burglary. The State should provide the trial court the necessary documentation to prove the Petitioner's offender scores for those crimes, including whether the Petitioner was on community supervision when he committed the crimes.

For the Court

/s/ Madsen, C.J.

CHIEF JUSTICE