State of Washington v. John Desmarais (Majority)
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FILED MARCH 30, 2021 In the Office of the Clerk of Court WA State Court of Appeals, Division III IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE STATE OF WASHINGTON, Respondent, v. JOHN DESMARAIS, Appellant. ) ) ) ) ) ) ) ) ) No. 37321-5-III UNPUBLISHED OPINION PENNELL, C.J. — John Desmarais appeals his six-month sentence for attempting to elude a police vehicle, arguing the State did not prove the convictions used to calculate his offender score. The parties agree Mr. Desmarais’s offender score is impacted by the recent decision in State v. Blake, __ Wn.2d __, 481 P.3d 521 (2021) and that Mr. Desmarais should be resentenced in light of Blake. We accept this concession and therefore reverse Mr. Desmarais’s sentence and remand for resentencing. Mr. Desmarais’s claims on appeal not governed by Blake can be raised in the trial court at resentencing. No. 37321-5-III State v. Desmarais The sentence is reversed. This matter is remanded for resentencing. A majority of the panel has determined this opinion will not be printed in the Washington Appellate Reports, but it will be filed for public record pursuant to RCW 2.06.040. _________________________________ Pennell, C.J. WE CONCUR: ______________________________ Siddoway, J. ______________________________ Lawrence-Berrey, J. 2
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