Personal Restraint Petition Of Orlandis D Campbell ( 2018 )

Filed
Washington State
Court of Appeals
Division Two
May 1, 2018
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the No. 50544-4-II
Personal Restraint Petition of
ORLANDIS DONTE CAMPBELL,
Petitioner.
UNPUBLISHED OPINION
JOHANSON, J. — Orlandis Campbell seeks relief from personal restraint resulting from his
1992 convictions for conspiracy to commit first degree murder (count I) and for two counts of first
degree murder (counts II and III). The trial court sentenced him using count II as the predicate
offense, resulting in a total sentence of 934 months. He argues that under former RCW
9.94A.400(1)(b) (1990), the trial court was required to use count I as the predicate offense,
resulting in a total sentence no longer than 920.5 months. The State concedes that under State v.
Weatherwax, 188 Wash. 2d 139, 156, 392 P.3d 1054 (2017), the trial court erred in sentencing
No. 50544-4-II
Campbell using count II as the predicate offense. We accept the State’s concession and remand
for resentencing.1
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.
JOHANSON, J.
We concur:
WORSWICK, P.J.
BJORGEN, J.
1
Because Campbell’s judgment and sentence is facially invalid, it is not time barred by RCW
10.73.090(1). He filed an amended brief arguing that he is entitled to a new sentencing hearing
under State v. O’Dell, 183 Wash. 2d 680, 695-96, 358 P.3d 359 (2015), and In re Personal Restraint
of Light-Roth, 200 Wash. App. 149, 163, 401 P.3d 459, review granted, 189 Wash. 2d 1030 (2017).
But we denied his motion to amend his petition to include this issue, because it would have resulted
in a mixed petition, and so do not address it here. He must file a separate petition raising his issue
under O’Dell and Light-Roth.
2