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In re Ferguson

COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE
Dec 24, 2012
No. 68964-9-I (Wash. Ct. App. Dec. 24, 2012)

Opinion

68964-9-I

12-24-2012

In the Matter of the Personal Restraint of DEREK JAMES FERGUSON, Petitioner.


UNPUBLISHED OPINION

Per Curiam

In a motion transferred to us for treatment as a personal restraint petition, Derek Ferguson challenges the sentence imposed following his guilty pleas to first and second degree child molestation. He argues, and the State concedes, that his sentence is invalid on its face because it is based on a statute that does not apply to offenders who were seventeen or younger at the time of their offenses. See former RCW9.94A.712. We accept the State's concession. Because Ferguson was 17 or younger during the entire charging period for both convictions, his sentence is invalid on its face, the one-year statutory time bar does not apply, and the matter must be remanded for resentencing.

Remanded for resentencing.


Summaries of

In re Ferguson

COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE
Dec 24, 2012
No. 68964-9-I (Wash. Ct. App. Dec. 24, 2012)
Case details for

In re Ferguson

Case Details

Full title:In the Matter of the Personal Restraint of DEREK JAMES FERGUSON…

Court:COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE

Date published: Dec 24, 2012

Citations

No. 68964-9-I (Wash. Ct. App. Dec. 24, 2012)