38099-8
Wash. Ct. App.Dec 16, 2021Background
- Jorge Garcia was convicted of unlawful possession of a controlled substance in 2013 and again in 2014 (count IV of the 2014 case); his 2014 sentencing used an offender score that included points for those possession convictions and for committing offenses while on community custody.
- Following the Washington Supreme Court’s decision in State v. Blake (Blake invalidating RCW 69.50.4013), Garcia filed two pro se personal restraint petitions seeking vacatur or resentencing.
- The State conceded Garcia’s possession convictions were invalid under Blake and agreed to vacate those convictions and the community custody associated with the 2014 possession count.
- Garcia also asserted he served an excessive remainder of a sentence after a 2021 community custody violation (attributable to the now-invalid offender score) and sought credit or resentencing, and he challenged his 18‑month community custody on a 2014 second‑degree assault.
- Garcia alleged he was not advised of Miranda rights but offered no specifics or supporting evidence; the State reported Garcia had subsequent warrants/violations that stayed running of his community custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Garcia’s simple possession convictions must be vacated after Blake | Garcia: convictions invalid under Blake; vacatur or resentencing required | State: concedes Blake invalidates those convictions and agrees to vacate them | Vacated — court grants relief and remands to superior court to vacate the 2013 and 2014 possession convictions |
| Whether Garcia is entitled to relief for allegedly serving an excessive remainder of sentence after a 2021 community custody violation | Garcia: ordered to serve remainder based on excessive (Blake-tainted) offender score; seeks relief/credit | State: disputes release date but shows Garcia has been released; contests relief where sentence already served | Moot — court cannot provide effective relief because Garcia has completed confinement for the challenged sentence |
| Whether the 18‑month community custody for 2014 second‑degree assault must be reduced because offender score reduction shortened confinement | Garcia: confinement made excessive by Blake should reduce community custody term | State: statutory 18 months for violent offenses is independent of offender score and confinement | Denied — court finds 18‑month statutory community custody for violent offenses remains and Garcia cites no authority to reduce it |
| Whether Garcia’s Miranda rights were not read during arrest/interrogation | Garcia: claims officers never read Miranda | State: no factual record presented; lacks specifics | Dismissed — conclusory allegation with no facts or evidence; petition insufficiently supported |
Key Cases Cited
- State v. Blake, 197 Wn.2d 170 (2021) (invalidated RCW 69.50.4013 as facially unconstitutional)
- In re Pers. Restraint of Hinton, 152 Wn.2d 853 (2004) (conviction for a nonexistent crime establishes prejudice for PRP relief)
- In re Pers. Restraint of Cook, 114 Wn.2d 802 (1990) (PRP standards: actual and substantial prejudice for constitutional error; fundamentals for nonconstitutional errors)
- In re Pers. Restraint of Rice, 118 Wn.2d 876 (1992) (petition must be supported by facts and competent evidence)
- State v. Bergen, 186 Wn. App. 21 (2015) (mootness doctrine where sentence already served)
- In re Pers. Restraint of Wolf, 196 Wn. App. 496 (2016) (conclusory PRP allegations insufficient without factual support)