In the Matter of the Personal Restraint of: Jacqueline A. Wortham

FILED
AUGUST 3, 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
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In the Matter of the Personal Restraint of ) No. 37529-3-III
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JACQUELINE A. WORTHAM, )
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Petitioner. ) UNPUBLISHED OPINION
STAAB, J. — In 2009, 18-year-old Jacqueline Wortham pleaded guilty to first
degree murder for killing her father. The court imposed a low-end standard-range
sentence of 22 years. In 2020, Ms. Wortham filed a personal restraint petition, seeking
resentencing under State v. Houston-Sconiers, 188 Wn.2d 1, 21, 391 P.3d 409 (2017).
The State concedes that Ms. Wortham’s petition falls under an exception to the
one-year time bar because Houston-Sconiers is retroactively applicable. In re Pers.
Restraint of Ali, 196 Wn.2d 220, 233, 474 P.3d 507 (2020), cert. denied sub nom.
Washington v. Ali, 141 S. Ct. 1754 (2021). The State also concedes that Ms. Wortham
has demonstrated actual and substantial prejudice because the trial court did not
recognize its discretion to impose a sentence below the standard range. In re Pers.
Restraint of Domingo-Cornelio, 196 Wn.2d 255, 474 P.3d 524 (2020), cert. denied sub
nom. Washington v. Domingo-Cornelio, 141 S. Ct. 1753 (2021).
No. 37529-3-III
In re Pers. Restraint of Wortham
Based on our own review of Ms. Wortham’s petition, and the State’s concessions,
we grant the personal restrain petition and remand to the Superior Court 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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Staab, J.
WE CONCUR:
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Fearing, J.
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Lawrence-Berrey, J.
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