Washington v. McFarland (Majority and Dissent)Annotate this Case
A jury convicted Cecily McFarland of first degree burglary, ten counts of theft of a firearm, and three counts of unlawful possession of a firearm. The trial court imposed standard range sentences on each count and, relying on RCW 9.41.040(6) and 9.94A.589(l)(c), ordered the firearm-related sentences be served concurrently as to the burglary sentence but consecutively as to each other. This resulted in a total sentence of 237 months. McFarland appealed, arguing for the first time that the sentencing court erred by failing to recognize its discretion to impose an exceptional mitigated sentence by running the firearm-related sentences concurrently based on the rationale of In re Pers. Restraint of Mulholland,166 P.3d 677 (2007). The Court of Appeals refused to consider this issue, noting that the sentencing judge "cannot have erred for failing to do something he was never asked to do." After its review, the Washington Supreme Court concluded the statutory analysis supporting the Supreme Court’s decision in Mulholland, which involved sentencing for multiple serious violent felonies under subsection (l)(b) of RCW 9.94A.589, applied equally to sentencing for multiple firearm-related offenses under subsection (1)(c). The Court therefore remanded this case for resentencing to allow the trial court the opportunity to consider whether to impose a mitigated sentence by running McFarland's thirteen firearm-related sentences concurrently.