State Of Washington, Res. V. Christopher Charles Loy, App.

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE STATE OF WASHINGTON, Respondent, v. CHRISTOPHER CHARLES LOY, Appellant. ) ) ) ) ) ) ) ) ) ) No. 66672-0-I UNPUBLISHED OPINION FILED: February 27, 2012 PER CURIAM. In this third appeal stemming from his 2003 conviction for first degree murder, Christopher Loy contends the court conducting his most recent resentencing erred in denying his CrR 7.8 motion. The record, however, does not support Loy s claim that such a motion was made or ruled on below. There is no CrR 7.8 motion or supporting briefing in the record. And while Loy did raise grounds for a new trial at the resentencing hearing, he also told the court that he had not obtained a necessary transcript and needed a continuance to draw something up for your Honor . Verbatim Report of Proceedings (Feb. 24, 2011) at 5, 6. The court treated Loy s argument as a motion for a continuance to file a motion for a new trial and supporting transcripts. The court denied that motion, but noted that Loy could raise his arguments in a personal restraint petition. No. 66672-0-I/2 Because Loy does not contest the court s ruling, we affirm. FOR THE COURT: 2

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