Personal Restraint Petition Of Boyd Keith Stacy ( 2021 )

Filed
Washington State
Court of Appeals
Division Two
October 19, 2021
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the Personal Restraint of:
No. 56110-7-II
BOYD KEITH STACY,
UNPUBLISHED OPINION
Petitioner.
LEE, C.J. — Boyd K. Stacy seeks relief from personal restraint imposed following his 2019
plea of guilty to one count of unlawful possession of controlled substances and two counts of bail
jumping, committed while charged with unlawful possession of controlled substances. He argues
that under State v. Blake, 197 Wn.2d 170, 481 P.3d 521 (2021), which held former RCW
69.50.4013(1) (2017), the statute making possession of controlled substances illegal, to be
unconstitutional, he is entitled to have all three convictions vacated. The State concedes that under
Blake, Stacy is entitled to have his conviction for unlawful possession of controlled substances
vacated. But the invalidation of his conviction for unlawful possession of controlled substances
does not affect the validity of the bail jumping convictions. State v. Downing, 122 Wn. App. 185,
193, 93 P.2d 900 (2004).
Accordingly, we grant Stacy’s petition with regard to the unlawful possession of controlled
substances conviction, and remand Stacy’s judgment and sentence to the trial court for vacation of
his conviction for unlawful possession of controlled substances and for resentencing on the
remaining convictions. We deny the remainder of his petition and deny his request for appointment
of counsel.
No. 56110-7-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.
Lee, C.J.
We concur:
Glasgow, J.
Price, J.
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