State v. Arko

Frank S. Arko appeals the sentence entered after his plea of guilty to second degree possession of stolen property. He has filed a motion for accelerated review pursuant to RAP 18.15. The Commissioner referred the motion to a panel of judges to consider whether the State has a right to file a brief in support of an exceptional sentence when it agreed in a plea bargain to recommend a sentence within the standard range.

Arko pleaded guilty to one count of second degree possession of stolen property. The standard range for this offense, given Arko's offender score of 2, was 2 to 5 months. The…