Opinion
64416-5-I
12-17-2012
STATE OF WASHINGTON, Respondent, v. MICHAEL DEGALVEZ WILLIAMSON, Appellant.
UNPUBLISHED OPINION
Spearman, A.C.J.
The Supreme Court granted the State's petition for review of our first opinion in this matter and remanded the case to us for reconsideration in light of its decision in State v. Nunez, 174 Wn.2d 707, 285 P.3d 21 (2012).
In our first opinion we followed State v. Bashaw, 169 Wn.2d 133, 234 P.3d 195 (2010) and State v. Ryan, 160 Wn.App. 944, 252 P.3d 895 (2011), vacating Michael Williamson's sexual motivation-based exceptional sentence because the trial court had instructed the jury it must be unanimous in order to find the State failed to prove the aggravating factor. In Nunez, the Supreme Court overruled Bashaw and reversed Ryan, and approved an instruction identical to that given by the trial court in this case.
Therefore, we now affirm the trial court's imposition of an exceptional sentence. Because the State conceded error regarding the seriousness level of Williamson's offense, we remand for further proceedings.