In the Matter of the Personal Restraint of: Kent Richardson

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
In the Matter of the Personal Restraint of
KENT RICHARDSON.
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No. 38184-6-III Cons. with
No. 38210-9-III
UNPUBLISHED OPINION
FEARING, J. — In these consolidated personal restraint petitions, Kent Richardson
requests a recalculation of his offender score without the inclusion of his earlier
conviction for possession of a controlled substance. The State agrees to the recalculation
and to resentencing. Pursuant to State v. Blake, 197 Wn.2d 170, 195, 481 P.3d 521
(2021), we accept the State’s concession and remand for resentencing. In State v. Blake,
the Washington Supreme Court held that the Evergreen State’s strict liability drug
possession statute, former RCW 69.50.4013(1), violates due process under both the state
and federal constitutions.
FILED
MARCH 1, 2022
In the Office of the Clerk of Court
WA State Court of Appeals Division III

No. 38184-6-III cons. w/38210-9-III
In re Personal Restraint of Richardson
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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.
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Fearing, J.
WE CONCUR:
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Siddoway, A.C.J.
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Lawrence-Berrey, J.