In Re The Personal Restraint Petition Of Dominique J. Stewart ( 2022 )

Filed
Washington State
Court of Appeals
Division Two
February 23, 2022
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the Personal Restraint of
Nos. 51380-3-II and 56260-0-II
DOMINIQUE JAMAAL STEWART, (consolidated)
Petitioner. UNPUBLISHED OPINION
CRUSER, J.—Dominque Jamaal Stewart seeks relief from personal restraint imposed
following his 2011 pleas of guilty to two counts of first degree robbery and one count of
second degree manslaughter, crimes he committed when he was 17 years old. He argues
that he is entitled to be resentenced under State v. Houston-Sconiers, 188 Wn.2d 1, 391 P.3d
409 (2017), In re Pers. Restraint of Ali, 196 Wn.2d 220, 474 P.3d 507 (2020), cert. denied,
141 S. Ct. 1754 (2021), and In re Pers. Restraint of Domingo-Cornelio, 196 Wn.2d 255, 474
P.3d 524 (2020), cert. denied, 141 S. Ct. 1754 (2021), so that the trial court can take into
account his youthfulness at the time of his crimes. The State concedes that Stewart is entitled
to resentencing. Accordingly, we grant Stewart’s petition and remand his 2011 judgment
and sentence to the trial court for resentencing. We deny Stewart’s motion for release
pending resentencing.
Nos. 51380-3-II and 56260-0-II
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.
Cruser, J.
We concur:
Maxa, P.J.
Veljacic, J.
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