Personal Restraint Petition Of David Derahn Lewis ( 2021 )

Filed
Washington State
Court of Appeals
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
Division Two
DIVISION II December 7, 2021
In the Matter of the Personal Restraint of
No. 50740-4-II
DAVID DERAHN LEWIS,
UNPUBLISHED OPINION
Petitioner.
CRUSER, J.—David Derahn Lewis seeks relief from personal restraint imposed following
his 1999 conviction for aggravated first degree murder, a crime he committed when he was 20
years old and for which he received a sentence of life imprisonment without the possibility of
parole. He argues that under In re Personal Restraint of Monschke, 197 Wn.2d 305, 329, 482 P.3d
276 (2021), his sentence is unconstitutional and that he is entitled to be resentenced so that the trial
court can take into account his youthfulness at the time of his crimes. The State concedes that
Lewis is entitled to resentencing. Accordingly, we grant Lewis’s petition and remand his 1999
judgment and sentence to the trial court for resentencing.
A majority of the panel has determined that this opinion will not be printed in the Washington
Appellate Reports but will be filed for public record under RCW 2.06.040, it is so ordered.
Cruser, J.
We concur:
Glasgow, A.C.J.
Price, J.