State Of Washington v. Jacob T. Giedd ( 2021 )

Filed Washington State Court of Appeals Division Two March 16, 2021 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II STATE OF WASHINGTON, No. 54364-8-II Respondent, v. JACOB TODD GIEDD, UNPUBLISHED OPINION Appellant. CRUSER, J.—Jacob Todd Giedd appeals his sentence for unlawful possession of a controlled substance (methamphetamine). Giedd argues, and the State concedes, that he is entitled to withdraw his plea, or be sentenced under his correct standard range, because his plea agreement was based on an incorrect standard sentencing range. Since the briefing was completed in this case, our supreme court issued its decision in State v. Blake, No. 96873-0 (Wash. Feb. 25, 2021), https://www.courts.wa.gov/opinions/pdf/968730.pdf. In light of the decision in Blake, we remand this matter to the superior court to address the continued validity of Giedd’s conviction. In light of our remand, we need not address Giedd’s “Emergency Motion to Vacate Drug Conviction.” This motion is more properly addressed in the superior court. CONCLUSION We remand this matter to the superior court to address the validity of Giedd’s conviction in light of State v. Blake. No. 54364-8-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. CRUSER, J. We concur: WORSWICK, P.J. GLASGOW, J. 2