Filed
Washington State
Court of Appeals
Division Two
December 14, 2021
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the Personal Restraint of: No. 55413-5-II
consolidated with
TRACEY KIMBERLY BAILEY, No. 55416-0-II
Petitioner
UNPUBLISHED OPINION
VELJACIC, J.1 — Tracey Bailey seeks relief from personal restraint imposed following her
2018 convictions for unlawful possession of controlled substances (Thurston County Cause No.
14-1-01004-8) and for criminal impersonation in the first degree (Thurston County Cause No. 16-
1-02274-3). She does not identify any grounds for relief, merely stating “fact already in record”
and “fact in record.” While her petitions were pending, the Washington State Supreme Court
issued its decision in State v. Blake, 197 Wn.2d 170, 481 P.3d 521 (2021), which held RCW
69.50.4013(1), the statute making possession of controlled substances illegal, to be
unconstitutional. The State concedes that under Blake, Bailey is entitled to have her conviction
for unlawful possession vacated. The State argues that because criminal impersonation in the first
degree is an unranked offense, there was no offender score in which the unlawful possession
conviction was included, and because Bailey has served her sentence and is not under supervision,
her petition as to the criminal impersonation in the first degree conviction is moot. State v. Gentry,
1
The court, on its own initiative, consolidates In re Pers. Restraint of Bailey, No. 54413-5-II, to
Petitioner’s other petition, No. 55416-0-II. It is so ordered.
55413-5-II / 55416-0-II
125 Wn.2d 570, 616, 888 P.2d 1105 (1995). We agree. Accordingly, we remand Bailey’s 2018
conviction for unlawful possession to the trial court for vacation, deny the remainder of her petition
as moot, and deny her request for appointment of counsel.
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.
Veljacic, J.
We concur:
Lee, C.J.
Cruser, J.
2