State v. Van Buren

Albert Earl Van Burén appeals his exceptional sentence imposed after he entered an Alford1 plea to two counts of third degree rape of a child, RCW 9A.44.079, a class C felony, and one count of third degree rape, RCW 9A.44.060, also a class C felony. Although he stipulated to its correctness below, for the first time on appeal Van Burén objects to the sentencing court’s calculation of his offender score. He also challenges the trial court’s finding that he lacked remorse for his crimes and his exceptional sentence.

In our initial opinion, we held that the miscalculation of Van Buren’s offender…