State Of Washington, Resp v. Devin L. Ford, App ( 2014 )

IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON
STATE OF WASHINGTON, ] No. 71264-1-1
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DIVISION ONE
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UNPUBLISHED OPINION
DEVIN L. FORD, ; : ~2::"
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Appellant. FILED: December 29, 2014
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Per Curiam — Devin Ford appeals the sentence imposed following his
guilty plea to possession of heroin and possession of methamphetamine with
intent to deliver. He contends, and the State concedes, that the court's decision
to deny a DOSA was improperly based on disputed facts and that the court
should have held an evidentiary hearing before considering those facts. We
accept the concession of error.
Ford also contends the matter must be remanded for resentencing before
a different judge because the original judge was "exposed to prohibited . . .
information." Reply Br. at 2. But the information at issue was not prohibited so
long as it was subjected to an evidentiary hearing, and any judge sentencing
Ford on remand will be exposed to the same evidence in the process of holding
an evidentiary hearing. The cases cited by Ford are distinguishable in that they
involved judges who either demonstrated potential bias or considered prohibited
unwarned admissions. State v. Tallev, 83 Wash. App. 750, 759, 923 P.2d 721
(1996); State v. Bankes, 114 Wash. App. 280, 289, 57 P.3d 284 (2002).
Remanded for further proceedings consistent with this opinion.
No. 71264-1-1/2
FOR THE COURT:
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