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In re Wortham

Court of Appeals of Washington, Division 3
Aug 3, 2021
No. 37529-3-III (Wash. Ct. App. Aug. 3, 2021)

Opinion

37529-3-III

08-03-2021

In the Matter of the Personal Restraint of JACQUELINE A. WORTHAM, 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UNPUBLISHED OPINION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).

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.

WE CONCUR: Fearing, J., Lawrence-Berrey, J.


Summaries of

In re Wortham

Court of Appeals of Washington, Division 3
Aug 3, 2021
No. 37529-3-III (Wash. Ct. App. Aug. 3, 2021)
Case details for

In re Wortham

Case Details

Full title:In the Matter of the Personal Restraint of JACQUELINE A. WORTHAM…

Court:Court of Appeals of Washington, Division 3

Date published: Aug 3, 2021

Citations

No. 37529-3-III (Wash. Ct. App. Aug. 3, 2021)