State Of Washington v. Danny Allen Wing, 48143-0

In 2014 Wing and his wife cared for a 3‑year‑old who died of abuse within months; Wing was charged originally with homicide by abuse (plus two aggravators).
The State and Wing entered a proffer/plea agreement: homicide by abuse and the aggravators would be dismissed and Wing would plead to first‑degree manslaughter (DV) and third‑degree assault of a child (DV).
The agreement required Wing to provide truthful information and allowed the State to "re‑file the enhancements" if Wing failed two polygraph tests.
Wing failed two polygraphs; the State moved to find him in violation and refiled the abuse‑of‑trust and vulnerable‑victim aggravating factors; Wing stipulated to those aggravators.
The superior court imposed an exceptional sentence of 416 months. Wing appealed, arguing (1) State breached the plea by adding aggravators and (2) his plea was involuntary because his offender score for the assault count was miscalculated at 6 instead of 5.

Issue	Wing's Argument	State's Argument	Held
Whether the State breached the plea by adding aggravating factors after Wing failed polygraphs	Proffer allowed only "sentencing enhancements," not aggravating factors; adding aggravators breached the deal	The agreement permitted the State to refile the previously dropped aggravators upon Wing's failure; no breach	No breach — "re‑file the enhancements" reasonably referred to the original aggravating factors and parties' colloquy shows shared understanding
Whether Wing's guilty plea was involuntary because the offender score for the 3rd‑degree assault was miscalculated (6 v. 5)	Miscalculation rendered plea involuntary and Wing should be allowed to withdraw	Error did not affect ultimate sentence (counts run concurrently), so no manifest injustice	Held involuntary: miscalculated offender score rendered the indivisible multicount plea involuntary; remand to permit withdrawal of plea

State v. Sledge, 133 Wn.2d 828 (1997) (prosecutor must adhere to plea terms)
State v. Bisson, 156 Wn.2d 507 (2006) (plea agreements are contracts; interpret to effect parties' intent)
State v. Turley, 149 Wn.2d 395 (2003) (multicount pleas accepted in single proceeding are indivisible)
State v. Codiga, 162 Wn.2d 912 (2008) (miscalculated offender score can render plea involuntary)
State v. Mendoza, 157 Wn.2d 582 (2006) (defendant must be informed of direct consequences; sentence length is a direct consequence)
In re Pers. Restraint of Isadore, 151 Wn.2d 294 (2004) (plea must be knowing, voluntary, intelligent)
In re Bradley, 165 Wn.2d 934 (2009) (court cannot rely on defendant's subjective weighing of plea factors)
State v. Neisler, 191 Wn. App. 259 (2015) (breach of plea agreement reviewed de novo)
State v. Lathrop, 125 Wn. App. 353 (2005) (interpret plea agreement as whole; ambiguities against drafter)
State v. Barber, 170 Wn.2d 854 (2011) (specific performance remedy limited when State breaches charging recommendation)