State v. Aguirre

— The State of Washington appeals the trial court’s order vacating Carlos Humberto Aguirre-Colindres’1 convictions under the Uniform Controlled Substances Act for cocaine and heroin possession and for delivery of heroin. The State argues that the trial judge abused his discretion by using CrR 7.8(b)(5) to vacate the convictions for the purpose of affecting Aguirre-Colindres’ deportability status.2 Although we believe Mr. Aguirre-Colindres’ history of perse*684cution and misfortune to be compelling, the trial judge issued what was, in effect, a judicial pardon. Article 3, section 9 of the…