State Of Washington V. Anthony Thomas Waller ( 2021 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
DIVISION ONE
Appellant,
No. 79793-0-I
v.
UNPUBLISHED OPINION
ANTHONY THOMAS WALLER,
Respondent.
DWYER, J. — This action was remanded to us for resolution of any
remaining claims for relief after our Supreme Court determined an issue of
continuing and substantial public concern in this moot case. As no further relief
is requested, we dismiss the appeal.
I
In January 1999, 21-year-old Anthony Thomas Waller chased a man who
had seen him breaking into vehicles, and stabbed the man with a screwdriver
more than 40 times, causing his death. The following December, a jury found
him guilty of murder in the first degree.
The standard range sentence for Waller was 261-347 months. The trial
court determined that Waller’s actions represented deliberate cruelty and
imposed an exceptional sentence of 432 months. Waller appealed, and we
affirmed the conviction in 2001. State v. Waller, noted at 107 Wn. App. 1047(2001).
No. 79793-0-I/2
In March 2018, Waller filed a pro se CrR 7.8(b) motion in superior court,
arguing that he was entitled to resentencing under State v. O’Dell, 183 Wn.2d
680, 358 P.3d 359 (2015). The State moved to transfer the motion to this court
as a personal restraint petition. The superior court granted the State’s motion,
ruling that Waller’s motion was time-barred and accordingly must be transferred
to this court. Waller moved for reconsideration in light of our decision in In re
Pers. Restraint of Light-Roth, 200 Wn. App. 149, 401 P.3d 459 (2017), and on
June 7, 2018, the superior court granted Waller’s motion for reconsideration and
vacated its transfer order. On June 26, the superior court clarified that it had
intended to order a resentencing hearing for Waller.
The State initiated this appeal from that order. On July 17, 2018 the
superior court issued an order under RAP 7.2, cancelling the resentencing
hearing. On August 2, 2018, our Supreme Court reversed our decision in Light-
Roth, and held that O’Dell did not constitute a significant change in the law. In re
Pers. Restraint of Light-Roth, 191 Wn.2d 328, 338, 422 P.3d 444 (2018). The
superior court then indicated that, following the Light-Roth decision, it did not
intend to hold a resentencing. With our permission, in January 2020, the
superior court vacated its order.
In the meantime, we reviewed the State’s moot appeal to decide the issue
of continuing and substantial public concern, whether the State has the right
under RAP 2.2(b)(3) to appeal an order granting a CrR 7.8(b) motion for relief
from judgment requesting a new sentencing hearing. State v. Waller, 12 Wn.
App. 2d 523, 534, 458 P.3d 817 (2020). We concluded that the record
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No. 79793-0-I/3
established that the superior court did not amend the judgment and sentence, as
would be required for the State to have the right to appeal. Waller, 12 Wn. App.
2d at 536-37.
In February 2021, our Supreme Court reversed our decision, determining
that the superior court’s order vacated the judgment when it granted Waller’s
motion to vacate and set a resentencing hearing. State v. Waller, 197 Wn.2d
218, 226-27, 481 P.3d 515 (2021). The Supreme Court then agreed that the
case is moot but, nevertheless, remanded the matter to us for further
proceedings. Waller, 197 Wn.2d at 229.
We invited additional briefing from the parties. The appellant, the State,
indicated that it does not seek any further relief. Waller did not respond to our
request. Accordingly, the appeal remains moot, as no relief is sought by either
party.
When an appeal is moot, it should be dismissed.
Dismissed.
WE CONCUR:
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