Personal Restraint Petition Of: Cory Randon Lewis

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the Personal Restraint of
CORY RANDON LEWIS,
Petitioner.
Nos. 55956-1-II
UNPUBLISHED OPINION
CRUSER, J.—Cory Randon Lewis seeks relief from personal restraint imposed following
his 2016 judgment and sentence finding him guilty of second degree murder and first degree
unlawful possession of a firearm. At sentencing, a 2006 conviction for unlawful possession of
controlled substances was included in his offender score. He argues that under State v. Blake, 197
Wn.2d 170, 481 P.3d 521 (2021), which held former RCW 69.50.4013(1) (2017), the statute
making possession of controlled substances illegal, to be unconstitutional, he is entitled to be
resentenced with the 2006 conviction removed from his offender score. The State concedes that
under Blake, Lewis is entitled to be resentenced.
We agree. When a conviction is based on an unconstitutional statute, that conviction cannot
be considered in calculating the offender score. See State v. Ammons, 105 Wn.2d 175, 187-88, 713
P.2d 719, 718 P.2d 796 (1986).
Accordingly, we remand for resentencing.
Filed
Washington State
Court of Appeals
Division Two
February 23, 2022

No. 55956-1-II
2
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040,
it is so ordered.
Cruser, J.
We concur:
Veljacic, J.
Price, J.