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WA Plea Agreement Based on Incorrect Offender Score Vacated

In 2004, Shawn Wallwork, a Washington state prisoner, pled guilty to Theft
and Unlawful Possession of a Firearm, pursuant to a plea agreement. He was
sentenced to 87 months in prison in accordance with an agreed-to standard
range of 87-116 months, based on the inclusion of certain juvenile
convictions in his offender score. The agreement included a provision that
federal authorities wouldn't pursue a criminal case for the firearm charge.
In 2005, Wallwork discovered that his offender score was incorrect because
of its inclusion of the juvenile convictions; he moved the trial court to
reduce his offender score to one supporting a 67-89 month sentence. The
trial court transferred the motion to the appellate court as a Personal
Restraint Petition.

On appeal, Division 3 of the state Court of Appeals agreed that the
juvenile convictions could not be used in Wallwork's offender score, and
that an offender score supporting a sentence of 67-89 months was
appropriate. The Court found irrelevant the fact that federal charges were
not pursued in exchange for the guilty plea because criminal defendants
cannot agree to punishment beyond that allowed by law. The case was
therefore remanded to the trial court for re-sentencing with a standard
range of 67-89 months based on a corrected offender score. See: In re
Personal Restraint of Wallwork, Wash. App. Div. 3, Case No. 24491-1-III
(2006) (unpublished -- see: 2006 WL 2641523).

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Related legal case

In re Personal Restraint of Wallwork