Opinion
No. 64034-8-I.
Filed: September 27, 2010. UNPUBLISHED OPINION.
Appeal from a judgment of the Superior Court for King County, No. 08-1-00097-1, Jay v. White, J., entered July 22, 2009.
Dismissed by unpublished per curiam opinion.
Leandre Gaines appeals the sentence imposed following his conviction for possession of cocaine. He contends that various errors in the proof and calculation of his offender score resulted in a score that was as much as seven points higher than it should have been, and that his counsel was ineffective for failing to point out these errors below. The State contends these contentions are moot because Gaines was released from confinement on February 17, 2010. Gaines has not responded to this contention and does not argue that this court can still afford him relief. Nor does he contend the issues on appeal qualify for review under the criteria for review of moot issues. Because it is undisputed that the issues before us are moot, we dismiss the appeal.
We note that Gaines also does not respond to the State's contention, which appears to be correct, that his ineffective assistance claims regarding possible same criminal conduct issues and proof of his King County priors involve matters outside the record, and that his sole remaining offender score challenge would not, even if meritorious, change his offender score.