Filed
Washington State
Court of Appeals
Division Two
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
July 7, 2021
DIVISION II
In the Matter of the Personal Restraint of:
No. 54530-6-II
LUIS ALBERTO ARROYO,
UNPUBLISHED OPINION
Petitioner.
SUTTON, J. — Luis Arroyo seeks relief from his plea of guilty to first degree murder
while armed with a deadly weapon, crimes he committed when he was 16 years old. He
received a standard range sentence. He seeks to be resentenced with the trial court
considering his youth at the time of the crimes as a mitigating factor and considering a
sentence below the standard range. Arroyo and the State jointly move to remand the
judgment and sentence to the trial court and stipulate to a procedure regarding resentencing.
Arroyo will appear before the trial court and either recommit to the plea of guilty
or decide not to plead guilty. If the latter, the plea agreement is terminated. If the former,
he will be resentenced with the trial court considering the factors outlined in Miller v.
Alabama, 567 U.S. 460, 132 S. Ct. 2455, 182 L. Ed. 2d 407 (2012), and acknowledging it
has the authority to impose a sentence below the standard range, as low as zero months of
incarceration. The State will review and consider a mitigation package before
resentencing. The State also reserves the right to appeal from a sentence below the standard
range. Accordingly, we remand Arroyo’s judgment and sentence to the trial court to follow
the procedure set forth in the parties’ stipulation. His petition is otherwise dismissed.
Nos. 54530-6-II
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW
2.06.040, it is so ordered.
SUTTON, J.
We concur:
WORSWICK, P.J.
CRUSER, J.
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