Matter of Personal Restraint of Vandervlugt

Todd Vandervlugt pleaded guilty to first degree assault and first degree kidnapping while armed with a dangerous weapon. The sentencing judge imposed an exceptional sentence based in part on a finding of future dangerousness. Vandervlugt was sentenced on July 25,1988.

On November 7, 1991, we issued our opinion in State v. Barnes, 117 Wn.2d 701, 818 P.2d 1088 (1991). In Barnes, we decided that a sentencing court may not rely on a finding of future dangerousness to support an exceptional sentence for a nonsexual offense. Vandervlugt subsequently filed a per*429sonal restraint petition challenging…