Personal Restraint Petition Of: Stephen D. Boone ( 2021 )

Filed
Washington State
Court of Appeals
Division Two
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
May 18, 2021
DIVISION II
In the Matter of the Personal Restraint of:
No. 51593-8-II (consolidated with)
STEPHEN BOONE, No. 54227-7-II
Petitioner.
UNPUBLISHED OPINION
SUTTON, J. — Stephen Boone seeks relief from personal restraint imposed
following his 2005 conviction for first degree felony murder, attempted first degree
kidnapping, first degree kidnapping, attempted first degree robbery, second degree
unlawful possession of a firearm and three counts of first degree robbery, crimes that he
committed when he was 16 years old but for which he was tried in adult court. The trial
court sentenced him to 932.25 months in total confinement, including 434 of months of
firearm enhancements. Boone filed petitions arguing that he is entitled to be resentenced,
taking into account his youth at the time of his crimes, under State v. Houston-Sconiers,
188 Wn.2d 1, 391 P.3d 409 (2017) and State v. Bassett, 192 Wn.2d 67, 428 P.3d 343(2018). In re the Pers. Restraint of Ali, 196 Wn.2d 220, 474 P.3d 507 (2020), cert. denied,
2021 WL 1163869 (2021) and In re the Pers. Restraint of Domingo-Cornelio, 196 Wn.2d
266, 474 P.3d 247 (2020), cert. denied, 2021 WL 1163870 (2021), the Washington State
Supreme Court held that Houston-Sconiers is to be applied retroactively.
No. 51593-8-II
consolidated with 54227-7-II
Boone and the State now agree that Boone is entitled to be resentenced under
Houston-Sconiers, Ali, and Domingo-Cornelio. They move that we remand Boone’s
judgment and sentence for resentencing. We grant their motion, grant Boone’s petitions
and remand Boone’s judgment and sentence for resentencing.
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW
2.06.040, it is so ordered.
SUTTON, P.J.
We concur:
CRUSER, J.
VELJACIC, J.
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