State of Washington v. Cody Michael Stickley ( 2021 )

FILED
DECEMBER 7, 2021
In the Office of the Clerk of Court
WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
STATE OF WASHINGTON, )
) No. 37896-9-III
Respondent, )
)
v. )
)
CODY MICHAEL STICKLEY, ) UNPUBLISHED OPINION
)
Appellant. )
STAAB, J. — Cody Stickley pleaded guilty and was sentenced to three counts of
interference with officer’s duties. The only issue he raises on appeal is a request for
resentencing in light of State v. Blake, 197 Wn.2d 170, 481 P.3d 521 (2021). We accept
the State’s concession and remand for resentencing.
The Walla Walla County Prosecutor’s Office charged Cody Stickley with
custodial assault, alleging he assaulted a corrections officer while in custody at the
Washington State Penitentiary. Pursuant to a plea agreement, the State amended the
charges and Stickley pleaded guilty to three counts of interference with officer’s duties,
an unranked felony. Stickley’s offender score was listed as 9+. His criminal history
included three prior convictions for simple possession of a controlled substance. While
Stickley’s standard range for the three offenses was 0 to 12 months, the parties stipulated
to the imposition of an exceptional sentence of 12 months on each count to run
No. 37896-9-III
State v. Stickley
consecutively following completion of the sentence Stickley was already serving. The
court followed the recommendation and imposed the 36-month exceptional sentence.
On November 25, 2020, Stickley timely filed his notice of appeal. On February 25,
2021, the Washington Supreme Court decided Blake, which held that RCW 69.50.4013 is
unconstitutional because it criminalizes innocent conduct and exceeds the legislature’s
power. Blake, 197 Wn.2d at 183. The Blake court declared, “RCW 69.50.4013(1)—the
portion of the simple drug possession statute creating this crime—violates the due process
clauses of the state and federal constitutions and is void.” Id. at 195.
The State concedes that Stickley’s offender score includes convictions for crimes
that have now been rendered void. We note that striking these offenses from Stickley’s
offender score may also impact whether the sentences can be imposed consecutively. We
accept the State’s concession and remand for resentencing in light of Blake.
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to RCW
2.06.040.
_________________________________
Staab, J.
WE CONCUR:
_________________________________ _________________________________
Lawrence-Berrey, J. Pennell, C.J.
2