State v. Miller

[As amended by order of the Court of Appeals October 28, 2014.]

Bjorgen, J.

¶1 The State appeals from the superior court’s order vacating Spencer Miller’s sentence and requiring a new sentencing hearing under CrR 7.8. Because the superior court did not err in determining that a significant intervening change in the law, material to Miller’s sentence, established a fundamental defect in the original sentencing proceeding, we affirm.

FACTS

¶2 In October 2010, Miller, a Washington State Department of Corrections inmate, filed a pro se motion to vacate his judgment and sentence under CrR 7.8. A jury…