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Full Resentencing Not Required to Correct Error in Pretrial Credit Award

The Division III Court of Appeals for the State of Washington has affirmed a trial court’s ex parte modification of a defendant’s sentence that awarded him two additional days of pretrial credit.

Waldo Emerson Waldron-Ramsey filed a personal restraint petition seeking resentencing after noticing that he had been deprived of two days of pretrial credit. Rather than afford resentencing, the Court modified Waldron-Ramsey’s sentence ex parte to allow for the extra two days of credit.

Waldron-Ramsey appealed arguing that he should have been afforded full resentencing. The Court of Appeals disagreed, holding that it was permissible for the trial court to correct Waldron-Ramsey’s sentence under CrR 7.8 (a) because the Court intended to award Waldron-Ramsey all of his pretrial credit at the time of sentencing. See: State v. Waldron-Ramsey, No. 28897-8 III (Wash. Div. III. Ct of Appeals).

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Related legal case

State v. Waldron-Ramsey