State v. Maule

Full title: STATE of Washington, Respondent, v. Donald MAULE, Appellant.

Court: Court of Appeals of Washington, Division 1

Date published: Sep 15, 2003

77 P.3d 362 (Wash. Ct. App. 2003)

Opinion

77 P.3d 362 (Wash.App. Div. 1 2003) STATE of Washington, Respondent, v. Donald MAULE, Appellant. No. 47873-7-I. Court of Appeals of Washington, Division 1. September 15, 2003.

        ORDER CHANGING OPINION

        This court's opinion in this matter was entered August 5, 2002, 112 Wash.App. 887, 51 P.3d 811. The case was remanded to this court by the State Supreme Court for reconsideration of the sentencing issue in light of State v. Delgado, 148 Wash.2d 723, 63 P.3d 792 (2003). The panel, having reconsidered as directed, has determined that a part of the unpublished portion of our opinion entered August 5, 2002 should be changed. Now, therefore, it is hereby

        ORDERED that the paragraphs beginning on page 12 ("We recently rejected Maule's reading of the two strikes statute") and ending on page 13 ("counted them as a strike") are deleted and the following paragraph is added in their place:

        Maule is correct. Under the Supreme Court's recent decision in State v. Delgado, 148 Wash.2d 723, 63 P.3d 792 (2003), Maule's 1983 convictions did not count as a strike because indecent liberties is not listed as such in the two strikes statute, RCW 9 94A 030(29)(b). Accordingly, we remand for resentencing.

        It is further

        ORDERED the second paragraph on Page 14 be deleted and replaced with:

        We affirm Maule's conviction, but remand for resentencing.

        The remainder of the opinion shall remain unchanged.