State Of Washington v. Jon Alan Carter

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
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STATE OF WASHINGTON,
No. 70441-9-1
Respondent, ] ``*" ''"' •>-
v. ] CO."
JOHN ALAN CARTER, UNPUBLISHED OPINION
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Appellant. FILED: MAY 1 2 2014
Per Curiam — A jury found John Carter guilty of first degree rape and second
degree kidnapping. On appeal, he contends - and the State concedes - that the trial
court erred in imposing an exceptional minimum term based on a judicial finding that the
standard range was "clearly too lenient." See RCW 9.94A.535(2)(b); Allevne v. United
States, U.S. , 133 S. Ct. 2151, 186 L Ed. 2d 314 (2013) (any fact that increases
the mandatory minimum sentence must be proved to the jury beyond a reasonable
doubt). The State also concedes that there is no statutory authority for submitting the
"clearly too lenient" aggravator to a jury on remand. Accordingly, we accept the State's
concessions and remand the matter for the imposition of a minimum term within the
standard range.
Remanded for proceedings consistent with this opinion.
FOR THE,COURT: