No. 53078-0-IThe Court of Appeals of Washington, Division One.
Filed: September 20, 2004 UNPUBLISHED OPINION
Appeal from Superior Court of Whatcom County. Docket No. 99-1-00831-9. Judgment or order under review. Date filed: 09/09/2003. Judge signing: Hon. Steven J Mura.
Counsel for Appellant(s), Joe Bone-Club (info Only) (Appearing Pro Se), M.C.C. #991765, 16700 177th Ave. S.E., P.O. Box 777, Monroe, WA 98272-0777.
Nielsen Broman Koch Pllc, Attorney at Law, 1908 E Madison St, Seattle, WA 98122.
Counsel for Respondent(s), Craig D. Chambers, Attorney at Law, Whatcom Co Prosecutor, 311 Grand Ave Fl 5, Bellingham, WA 98225-4048.
PER CURIAM.
Joe Bone-Club challenges the sentence imposed on resentencing following a prior appeal. Respondent State of Washington concedes that Bone-Club was denied his statutory right of allocution and that remand for resentencing is appropriate. See In re Personal Restraint of Echeverria, 141 Wn.2d 323, 6 P.3d 573 (2000).
We exercise our discretion to review the claim of error, accept the State’s concession, and remand for resentencing before a different judge. See State v. Aguilar-Rivera, 83 Wn. App. 199, 203, 920 P.2d 623
(1996).
Reversed and remanded.