In re the Postsentence Review of Hudgens

¶1 Today, the Department of Corrections (DOC), joined by the State, invites us to disregard or limit, the application of State v. Miller, 110 Wn.2d 528, 536, 756 P.2d 122 (1988) by reversing the trial court’s application of Miller and decision to deny the State’s motion to amend Jeremy Hudgens’ invalid sentence for third degree rape. We decline the DOC’s invitation because under Miller, the trial court correctly allowed Mr. Hudgens to elect between withdrawing his guilty plea and insisting on specific performance of his plea agreement. However, we remand for the trial court to make clear…