In Re The Personal Restraint Petition Of Robert B. Falconer, Jr. ( 2017 )

Filed
Washington State
Court of Appeals
Division Two
December 19, 2017
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the No. 50701-3-II
Personal Restraint of
ROBERT BURTON FALCONER, JR.,
UNPUBLISHED OPINION
MAXA, A.C.J. — Robert Falconer, Jr. seeks relief from personal restraint resulting from
his 2014 convictions for three counts of unlawful delivery of a controlled substance, each with a
school bus route stop sentencing enhancement, and two counts of unlawful possession of a
controlled substance.1
The trial court ordered that the 90-month base sentences for Falconer’s five convictions be
run concurrently, but ordered that the three 24-month school bus route stop sentencing
enhancements be run consecutively to the base sentences and consecutively to each other.
Falconer argues that under State v. Conover, 183 Wash. 2d 706, 719, 355 P.3d 1093 (2015), the trial
court erred in running the school bus route stop sentencing enhancements consecutively to each
other.
1
We issued the mandate of Falconer’s direct appeal on June 7, 2016, making his May 30, 2017
petition timely filed. RCW 10.73.090(3)(b).
No. 50701-3-II
The State concedes that the trial court should have run the school bus route stop sentencing
enhancements concurrently with each other. We accept the State’s concession. Accordingly, we
grant the petition and remand 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.
MAXA, A.C.J.
We concur:
WORSWICK, J.
MELNICK, J.
2