Personal Restraint Petition Of Garnett Lynn Williams ( 2022 )

Filed
Washington State
Court of Appeals
Division Two
January 25, 2022
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the Personal Restraint of
No. 56508-1-II
GARNETT LYNN WILLIAMS,
UNPUBLISHED OPINION
Petitioner.
MAXA, J. – Garrett Lynn Williams seeks relief from personal restraint imposed following
his 2010 judgment and sentence finding him guilty of first degree assault and first degree
unlawful possession of a firearm. A 2007 conviction for unlawful possession of a controlled
substance was included in his offender score. Williams argues that under State v. Blake, 197
Wn.2d 170, 481 P.3d 521 (2021), he is entitled to be resentenced with the 2007 conviction
removed from his offender score. In Blake, the Supreme Court held that former RCW
69.50.4013(1) (2017), the statute making possession of a controlled substance illegal, was
unconstitutional. Id. at 195. The State concedes that under Blake, Williams is entitled to be
resentenced.1
Accordingly, we remand Williams’ 2010 judgment and sentence to the trial court for
resentencing. Williams’ other claims can be addressed by the trial court at resentencing. We
deny his request for appointment of counsel.
1
The trial court already has entered an order vacating Williams’ 2007 conviction, based on Blake.
No. 56508-1-II
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.
MAXA, P.J.
We concur:
VELJACIC, J.
PRICE, J.
2