State Of Washington, V. James Louis Pray ( 2024 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON,
No. 84400-8-I
Respondent.
DIVISION ONE
v.
UNPUBLISHED OPINION
JAMES LOUIS PRAY,
Appellant.
PER CURIAM — James Pray appeals from the judgment and sentence entered
upon his jury convictions of two counts of possession of a controlled substance with
intent to deliver. The State concedes the evidence was insufficient to support these
convictions, and the parties jointly move to reverse them. We accept the State’s
concession, grant the parties’ motion, reverse Pray’s convictions, 1 and remand to the
trial court to dismiss the underlying charges with prejudice. See State v. Devries, 149
Wn.2d 842, 845, 72 P.3d 748 (2003) (when conviction rests on insufficient evidence,
remedy is generally to reverse and remand with instructions to dismiss the charge with
prejudice). Additionally, because the parties stipulate that no further review will be
sought, we grant their request for an expedited mandate and direct the clerk to issue the
mandate as soon as is feasible. See RAP 12.5(b) (“The clerk of the Court of Appeals
will issue the mandate for a Court of Appeals decision terminating review upon
1 Because we reverse Pray’s convictions, the remaining issues that Pray raises on appeal are
moot, and we do not consider them.
No. 84400-8-I/2
stipulation of the parties that no motion for reconsideration or petition for review will be
filed.”).
Reversed and remanded.
FOR THE COURT:
-2-