Opinion
No. 64105-1-I.
January 11, 2010.
Petition for relief from personal restraint.
Granted and remanded by unpublished per curiam opinion.
Melvin Marshall filed a personal restraint petition challenging his sentences for first degree robbery, first degree unlawful possession of a firearm, second degree assault, first degree burglary and possession of cocaine. The State now concedes that Marshall is entitled to resentencing because of an erroneously calculated offender score, which renders Marshall's sentence facially invalid. We accept the concession as well-taken.
The record shows that Marshall was less than 15 years of age when one of his prior juvenile offenses was committed. Under State v. Smith, 144 Wn.2d 665, 673, 30 P.3d 1245 (2001), that conviction therefore should not have been included in calculating Marshall's offender score. And although more than a year has passed since Marshall's convictions became final, we also accept the State's concession that documents associated with Marshall's sentence, in this case the State's post-trial sentencing recommendation packet, sufficiently establish the invalidity such that Marshall's claim is not time-barred under RCW 10.73.090. See In re Pers. Restraint of Hinton, 152 Wn.2d 853, 858, 100 P.3d 801 (2004) (discussing types of documents that may be used to establish facial invalidity). We therefore need not address Marshall's attempt to rely, alternatively, on documents from other case files to establish the error.
The personal restraint petition is accordingly granted and the case is remanded to the trial court for resentencing based on a correct offender score.