Opinion
No. 52811-4-I, consolidated with Cause No. 52812-2-I.
Filed: March 22, 2004. UNPUBLISHED OPINION
Appeal from Superior Court of Whatcom County. Docket No. 03-1-00572-2. Judgment or order under review. Date filed: 06/26/2003. Judge signing: Hon. Michael F Moynihan.
Counsel for Appellant(s), Nielsen Broman Koch Pllc, Attorney at Law, 1908 E Madison St. Seattle, WA 98122.
Floyd De Noland — Doc #774514 (Appearing Pro Se), Mcc — Washington State Reformatory, 16700 177th Ave. S.E., P.O. Box 777, Monroe, WA 98272-0777.
Dana M Nelson, Nielsen Broman Koch PLLC, 1908 E Madison St. Seattle, WA 98122-2842.
Counsel for Respondent(s), Royce Scott Buckingham, Attorney at Law, Whatcom Co Prosc Atty Ofc, 311 Grand Ave, Bellingham, WA 98225-4048.
Hilary A. Thomas, Whatcom County Prosecutors Office, 311 Grand Ave Ste 201, Bellingham, WA 98225-4038.
Floyd Noland appeals from the judgment and sentence entered after he pleaded guilty to one count of first degree escape and one count of second degree possession of stolen property. On appeal, the State of Washington concedes that Noland was denied his statutory right of allocution and that remand for resentencing is appropriate. See In re Personal Restraint of Echeverria, 141 Wn.2d 323, 6 P.3d 573 (2000). We exercise our discretion to review the claim of error, accept the State's concession, and remand for resentencing before a different judge. See State v. Aguilar-Rivera, 83 Wn. App. 199, 203, 920 P.2d 623 (1996).
Reversed and remanded.
ELLINGTON and BAKER, JJ., concur.