In re Personal Restraint of Marquinton Roberson ( 2020 )

Filed
Washington State
Court of Appeals
Division Two
January 13, 2020
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the No. 53302-2-II
Personal Restraint of
MARQUINTON LAMAR ROBERSON,
Petitioner.
UNPUBLISHED OPINION
SUTTON, J. — Marquinton Roberson seeks relief from personal restraint imposed
following his 2019 judgments and sentences for first degree unlawful possession of a firearm and
unlawful possession of a controlled substance with intent to deliver and while armed with a firearm
(cause no. 16-1-04554-7) and second degree assault while armed with a deadly weapon (cause no.
17-1-03346-6). In the first judgment and sentence, the trial court imposed a base sentence of 87
months plus a 36-month firearm sentencing enhancement. In the second judgment and sentence,
the trial court imposed a base sentence of 63 months, plus a 12-month deadly weapon sentencing
enhancement, to be served concurrently with the first judgment and sentence.
In this petition, Roberson claims that (1) his attorney and the prosecutor told him that the
36-month firearm sentencing enhancement would run concurrently with the 87-month base
sentence, (2) when he signed his plea statement he was on opium and under stress due to his wife’s
No. 53302-2-II
pregnancy, and (3) his attorney and the prosecutor pressured him to sign his plea statement. But
on page 4 of his Statement of Defendant on Plea of Guilty to Non-Sex Offense (Statement), he
initialed and acknowledged that the State would be recommending a consecutive firearm
sentencing enhancement. He presents no evidence that his plea was affected by drug use or stress.
And contrary to his claim of being pressured, on page 9 of his Statement he stated that he was
making his plea freely and voluntarily, that no one had threatened harm causing him to make the
plea, and no one had promised him anything other than in the plea agreement. He does not present
any competent evidence that his plea was invalid. In re Pers. Restraint of Waggy, 111 Wn. App.
511, 518, 45 P.3d 1103 (2002).
Roberson does not present grounds for relief from restraint. We therefore deny his petition
and deny his request for appointment of counsel.
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.
SUTTON, J.
We concur:
WORSWICK, J.
MAXA, C.J.
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