No. 47553-3-I.The Court of Appeals of Washington, Division One.
Filed: October 15, 2001. DO NOT CITE. SEE RAP 10.4(h). UNPUBLISHED OPINION.
Appeal from Superior Court of Whatcom County, No. 99-1-00387-2, Hon. David S. Nichols, November 1, 2000, Judgment or order under review.
Counsel for Appellant(s), Nielsen Broman Associates Pllc, 810 Third Avenue, 320 Central Building, Seattle, WA 98104.
Christopher Gibson, Nielsen Broman Assoc. Pllc, 810 3rd Ave Ste 320, Seattle, WA 98104.
Counsel for Respondent(s), Laura D. Hayes, Whatcom County Prosecutor’s Office, Whatcom County Pros Ofc, 311 Grand Ave, Bellingham, WA 98225.
PER CURIAM.
Michael Gleason contends he was denied counsel at this motion to withdraw his guilty plea to a charge of burglary and that he was denied his right to allocutioin at sentencing. The State has conceded error.
We accept the concession of error on the basis of State v. Harell, 80 Wn. App. 802, 911 P.2d 1034 (1996) and State v. Aguilar-Rivera, 83 Wn. App. 199, 920 P.2d 623 (1998).
The judgment and sentence is vacated and the matter is remanded for a new hearing on Gleason’s motion to withdraw his guilty plea. In the event the motion is denied, Gleason shall be sentenced by a different judge.