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State v. Cobos

Court of Appeals of Washington, Division 3

December 31, 2013

The State of Washington, Respondent,
v.
Ignacio Cobos, Appellant

Appeal from Grant Superior Court. Docket No: 11-1-00445-0. Date filed: 02/14/2012. Judge signing: Honorable John D Knodell.

Ignacio Cobos, pro se.

D. Angus Lee, Prosecuting Attorney, and Carole L. Highland, Deputy, for respondent.

Authored by George B. Fearing. Concurring: Teresa C. Kulik, Laurel H. Siddoway.

OPINION

Page 601

[178 Wn.App. 695] Fearing, J.

¶ 1 Statutes and case law aspire to accurate criminal sentences regardless of untimely objections to their correctness and despite a previous failure to supply sufficient data to levy informed sentences. " [Our] purpose is to preserve the integrity of the sentencing laws" and to avoid widely varying sentences. State v. Mendoza, 165 Wn.2d 913, 920, 205 P.3d 113 (2009) (citing State v. Ford, 137 Wn.2d 472, 478, 973 P.2d 452 (1999)). We have the opportunity to fulfill this aspiration and satisfy this purpose in this appeal.

INTRODUCTION AND RULING

¶ 2 A jury convicted Ignacio Cobos of delivery of methamphetamine, possession of methamphetamine, and voyeurism. The trial court sentenced Cobos to 120 months' confinement.

¶ 3 Cobos appeals his sentence, arguing that despite timely objecting to his offender score at sentencing, the court failed to hold an evidentiary hearing. The State concedes Cobos objected to his offender score at a sentencing hearing but argues that at a prior sentencing hearing, his attorney agreed with the offender score, and the State [178 Wn.App. 696] relied on the agreement. The State also argues that if this court finds Cobos' subsequent objection to his offender score negates his attorney's prior representation, it be allowed, on remand, to enter certified records of Cobos' prior convictions to substantiate his offender score. Cobos opposes the State's entreaty and requests this court hold the State, on remand, to the existing record. We agree with Cobos that he is entitled to a sentencing evidentiary hearing and agree with the State that it may enter additional evidence at the new hearing.

FACTS

¶ 4 After Ignacio Cobos' convictions, the court scheduled sentencing hearings for January 18 and January 31, 2012. Both hearing dates were postponed and the first sentencing hearing was held on February 7, 2012.

¶ 5 At the February 7 hearing, Cobos moved to represent himself. After Cobos brought the motion but before the court granted the motion, the State and Cobos' attorney agreed on an offender score of 9. ...


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