Personal Restraint Petition Of Shaquille Capone Jones ( 2022 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
In the Matter of the Personal Restraint No. 83076-7-I
of:
DIVISION ONE
SHAQUILLE CAPONE JONES,
UNPUBLISHED OPINION
Petitioner.
PER CURIAM. — Shaquille Jones challenges the judgment and sentence
imposed following his jury conviction for three counts of assault in the first degree
with a firearm (counts 1-3), unlawful possession of a firearm in the second degree
(count 4), possessing a stolen firearm (count 5), and tampering with a witness
(count 6) in Snohomish County Superior Court No. 15-1-01621-5. Among other
claims, Jones argues that his conviction for unlawful possession of a firearm, which
was based on the predicate offense of possession of a controlled substance, must
be vacated under State v. Blake, in which our Supreme Court held that
Washington’s strict liability drug possession statute, RCW 69.50.4013(1), is
unconstitutional and therefore void. 197 Wn.2d 170, 481 P.3d 521 (2021).
The State concedes that Jones’s petition is timely and that his conviction for
unlawful possession of a firearm must be vacated under Blake. The constitutional
validity of the underlying conviction is an element of the crime of unlawful
possession of a firearm. State v. Swindell, 93 Wn.2d 192, 197, 607 P.2d 852No. 83076-7-I/2
(1980). A conviction for that crime may not stand if the underlying offense has
been subsequently found unconstitutional. State v. Gore, 101 Wn.2d 481, 487, 681
P.2d 227 (1984). Because the statute criminalizing unlawful possession of a
controlled substance was held constitutionally invalid in Blake, it cannot serve as a
predicate offense for unlawful possession of a firearm in the second degree.
The State additionally concedes that Jones is entitled to resentencing on his
remaining convictions with a revised offender score. See State v. Ammons, 105
Wn.2d 175, 187-88, 713 P.2d 719 (1986) (“[A] prior conviction [that] has been
previously determined to have been unconstitutionally obtained or which is
constitutionally invalid on its face may not be considered” in a defendant’s offender
score). Jones’s offender scores for counts 1, 5, and 6 included one point for the
unlawful possession of firearm conviction. Jones is entitled to be resentenced on
those counts accordingly.
We accept the State’s concessions, grant Jones’s petition, and remand for
resentencing consistent with this opinion. 1
WE CONCUR:
1 Given that Jones will be resentenced on a reduced offender score, we need not
address Jones’s remaining challenges to his sentence.
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