State Of Washington, Respondent V. Jon Alan Carter, Appellant (Majority)
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE r-J o"' £ ¢ ¢> STATE OF WASHINGTON, No. 70441-9-1 Respondent, v. ] ~~*" ] JOHN ALAN CARTER, CO."" UNPUBLISHED OPINION o Appellant. FILED: MAY 1 2 2014 Per Curiam A jury found John Carter guilty of first degree rape and second degree kidnapping. On appeal, he contends - and the State concedes - that the trial court erred in imposing an exceptional minimum term based on a judicial finding that the standard range was "clearly too lenient." See RCW 9.94A.535(2)(b); Allevne v. United States, U.S. ''"' ¢>- , 133 S. Ct. 2151, 186 L Ed. 2d 314 (2013) (any fact that increases the mandatory minimum sentence must be proved to the jury beyond a reasonable doubt). The State also concedes that there is no statutory authority for submitting the "clearly too lenient" aggravator to a jury on remand. Accordingly, we accept the State's concessions and remand the matter for the imposition of a minimum term within the standard range. Remanded for proceedings consistent with this opinion. FOR THE,COURT: --,
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