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In re Robinson

September 3, 1996

IN THE MATTER OF THE PERSONAL RESTRAINT OF: JOEL ROBINSON, PETITIONER.


PER CURIAM. -- Joel Robinson has filed a personal restraint petition in which he challenges the sentence imposed for conviction of three counts of delivery of cocaine under King County Cause No. 91-C-00750-7.

On April 19, 1995, after Robinson was sentenced, the Legislature enacted a special drug offender sentencing alternative. RCW 9.94A.120(6)(a). Robinson argues he is entitled to be sentenced under the DOSA as amended. The State concedes error and asks the Court to remand for resentencing at which the superior court may decide whether to exercise its discretion to impose the DOSA. We accept the concession and remand for resentencing.

An additional matter is before us. Robinson has filed a motion to modify the clerk's ruling denying his request for release pending determination of the personal restraint petition. The request for release has been rendered moot by our decision to remand for resentencing. Thus, we place the motion to modify in the file without taking any action on it.

The sentence is vacated and the case is remanded for resentencing for exercise of the court's discretion. We express no opinion regarding propriety of a DOSA. We direct the State to schedule the resentencing within 45 days of this opinion.

19960903 ...


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