Personal Restraint Petition Of Michael William Richie

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the Personal Restraint
Petition of
MICHAEL WILLIAM RICHIE,
Petitioner.
No. 53589-1-II
UNPUBLISHED OPINION
AFTER REMAND
WORSWICK, J. — Michael Richie seeks relief from personal restraint imposed
following his 2014 conviction for second degree assault. On remand from this court, the
trial court sentenced him in 2016 to life without possibility of parole under the Persistent
Offender Accountability Act because he had strike offenses in the form of prior convictions
for second degree robbery. After the legislature removed second degree robbery from the
list of strike offenses, Laws of 2019, ch. 187, Richie petitioned for resentencing, seeking
retroactive application of that act. The act was held not to apply retroactively in State v.
Jenks, 197 Wn.2d 708, 719, 487 P.3d 482 (2021). But the State now concedes that under
Laws of 2021, ch. 141, § 1:
In any criminal case wherein an offender has been sentenced as a persistent
offender, the offender must have a resentencing hearing if a current or past
conviction for robbery in the second degree was used as a basis for the
finding that the offender was a persistent offender.
Filed
Washington State
Court of Appeals
Division Two
August 17, 2021

No. 53589-1-II
2
We accept the State’s concession and remand Richie’s judgment and sentence to
the trial court for resentencing. The certificate of finality will be issued as soon as possible.
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.
Worswick, J.
We concur:
Maxa, J.
Veljacic, J.