Personal Restraint Petition Of Nathaniel Gilbert Craven

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON IN THE MATTER OF THE PERSONAL ) RESTRAINT OF ) ) ) ) ) NATHANIEL CRAVEN, ) ) Petitioner. ) No. 62887-9-I DIVISION ONE UNPUBLISHED OPINION FILED: December 21, 2009 PER CURIAM. Nathaniel Craven filed a personal restraint petition asserting, among other claims, that his amended sentence for unlawful possession of a firearm violated due process because it was imposed in his absence without a hearing. After dismissing Craven s other claims, the Acting Chief Judge referred his due process claim for determination on the merits.1 The State concedes that because the sentencing court exercised discretion in amending Craven s sentence, due process entitled Craven to be present at the sentencing with counsel. See State v. Davenport, 140 Wn. App. 925, 932, 167 P.3d 1221 (2007). We accept the State s concession, grant the petition, and remand for resentencing. For the court: 1 Order Appointing Counsel, Dismissing Petition in Part And Referring Remainder to a Panel of Judges, filed May 26, 2009.

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