State Of Washington v. Clyde Lee Mcknight

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
No. 75666-4-1
Respondent,
DIVISION ONE
V.
CLYDE LEE MCKNIGHT, UNPUBLISHED OPINION
Appellant. FILED: JAN 1 6 2018
PER CURIAM. Clyde McKnight appeals the sentence imposed following
his conviction for possession of cocaine. He contends, and the State concedes,
that the sentencing court violated State v. Bergstrom, 162 Wash. 2d 87, 169 P.3d
816(2007) when it ignored his challenge to the inclusion of prior juvenile
convictions in his offender score. We accept the concession of error and concur
with the parties' assertion that McKnight is entitled to a new sentencing hearing
at which the State may attempt to prove the challenged criminal history. If the
State fails to carry its burden, the court must amend McKnight's offender score
and resentence him using the correct offender score and standard range.
Remanded for resentencing consistent with this opinion.
For the Court: