Opinion
No. 58190-2-I.
February 17, 2009.
Petition for relief from personal restraint.
Petition granted, sentence vacated, and case remanded for resentencing by unpublished per curiam opinion.
Allan Parmelee filed this personal restraint petition challenging his exceptional sentence following his convictions of stalking and violation of a protection order. Consideration of the petition was stayed pending State v. Recuenco, 163 Wn.2d 428, 180 P.3d 1276 (2008), and In re Pers. Restraint of Hall, 163 Wn. 2d 346, 181 P.3d 799 (2008). The parties now agree that, based on Recuenco and Hall, Parmelee must be resentenced, but disagree as to the permissible procedure on remand. Parmelee contends he is entitled to be resentenced within the standard range, but the State maintains that it has the authority to seek reimposition of Parmelee's exceptional sentence in a jury proceeding under RCW 9.94A.537(2).
To the extent Parmelee's objections to convening a sentencing jury on remand are the same as those raised by the defendant in State v. Applegate, 147 Wn. App. 166, 194 P.3d 1000 (2008) (petition for review pending), we see no reason to reconsider our position in that case. To the extent Parmelee objects on other grounds, those contentions are properly resolved in the trial court following remand. State v. Doney, No. 81269-1, 2008 WL 5175070 (Wash. Dec. 11, 2008).
The sentence is vacated and the case is remanded for resentencing and such other proceedings as are consistent with this opinion.