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State v. Mendez

November 25, 1996

STATE OF WASHINGTON, RESPONDENT,
v.
JOSE MENDEZ, APPELLANT.



Appeal from Superior Court of King County. Docket No: 95-1-06815-1. Date filed: 02/05/96. Judge signing: Hon. Linda Lau.

PER CURIAM. -- Jose Mendez appeals his sentence for delivery of cocaine, arguing that he was denied his right to allocution. Mendez relies upon State v. Crider, 78 Wash. App. 849, 899 P.2d 24 (1995), where this court held that a sentencing Judge must inquire of the defendant whether he would like to make a statement on his own behalf. The State concedes error and asks this court to remand for resentencing before a different Judge. We have reviewed the record and concluded that the State's concession is well taken. Accordingly, appellant's sentence is vacated and the case is remanded for resentencing before a substitute Judge.

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