State of Washington v. Matthew Totten (Majority)

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FILED JUNE 29, 2021 In the Office of the Clerk of Court WA State Court of Appeals, Division III IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE STATE OF WASHINGTON, Respondent, v. MATTHEW TOTTEN, Appellant. ) ) ) ) ) ) ) ) ) No. 37761-0-III UNPUBLISHED OPINION LAWRENCE-BERREY, J. — Matthew Totten appeals his August 2020, Whitman County conviction for unlawful possession of a controlled substance. While this appeal was pending, the Washington State Supreme Court struck down the statute Mr. Totten was convicted of violating, former RCW 69.50.4013(1) (2017). See generally State v. Blake, 197 Wn.2d 170, 481 P.3d 521 (2021). Following the decision in Blake, Mr. Totten filed a motion to amend his brief and assignments of error to seek relief under Blake. We granted the motion. The State now concedes that Blake controls the outcome of this appeal. We accept the State’s concession. See State v. Hanson, 151 Wn.2d 783, 784, 91 P.3d 888 (2004) (holding that new rules, such as the one announced in Blake, apply to all cases not yet final). Because Blake requires vacation and dismissal of Mr. Totten’s conviction, we do No. 37761-0-111 State v. Totten not reach his other assignments of error. The judgment of the trial court is reversed and the case remanded for further proceedings in accordance with Blake. A majority of the panel has determined this opinion will not be printed in the Washington Appellate Reports, but it will be filed for public record pursuant to RCW 2.06.040. Lawrence-Berrey, J. \ .1 WE CONCUR: Staab, J. 2

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