State of Washington v. John Desmarais ( 2021 )

FILED
MARCH 30, 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. 37321-5-III
)
Respondent, )
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v. ) UNPUBLISHED OPINION
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JOHN DESMARAIS, )
)
Appellant. )
PENNELL, C.J. — John Desmarais appeals his six-month sentence for attempting
to elude a police vehicle, arguing the State did not prove the convictions used to calculate
his offender score. The parties agree Mr. Desmarais’s offender score is impacted
by the recent decision in State v. Blake, __ Wn.2d __, 481 P.3d 521 (2021) and that
Mr. Desmarais should be resentenced in light of Blake. We accept this concession
and therefore reverse Mr. Desmarais’s sentence and remand for resentencing. Mr.
Desmarais’s claims on appeal not governed by Blake can be raised in the trial court
at resentencing.
No. 37321-5-III
State v. Desmarais
The sentence is reversed. This matter is remanded for resentencing.
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.
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Pennell, C.J.
WE CONCUR:
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Siddoway, J.
______________________________
Lawrence-Berrey, J.
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