State v. Marsh

Roy D. Marsh moves to modify a commissioner's ruling denying his motion for accelerated review. We modify the commissioner's ruling, and reverse and remand for resentencing.

Marsh was convicted of second degree assault and bail jumping and sentenced to a term of 20 months. The sentence was based on an offender score of 4, including two 1981 juvenile convictions. The judgments and sentences offered to establish these two convictions indicated neither the presence of an attorney representing Marsh nor his waiver of counsel. At sentencing Marsh's attorney did not challenge the use of the…