/mCTEV / IN CLERU OFFICE X This opinion was aUPflSE COURT.8TOE OFIMMNMOICN filed fqrrecord at 8^/tc^n ;ir>^Ln date 3 (j - -d2i em^MsTiGE Susan L. Carlson Supreme Court Clerk IN THE SUPREME COURT OF THE STATE OF WASHINGTON STATE OF WASHINGTON, No. 96709-1 Petitioner, EN BANC CRISTIAN DELBOSQUE Filed: 3 0 2020 Respondent. YU, J. — We have continually recognized that children are different from adults for the purpose of sentencing. We also recognize that trial judges face an extraordinarily difficult task when determining whether a child's crime is a reflection of transient immaturity or permanent incorrigibility. This case requires us to elaborate on how that determination is made in the context of Miller-fix^ resentencing. 'The Washington Legislature enacted the Miller-fix statutes, RCW 10.95.030 and 10.95.035, in response to the United States Supreme Court's ruling that mandatory life without parole sentences for juveniles are unconstitutional. See Miller v. Alabama, 567 U.S. 460, 132 S. Ct. 2455, 183 L. Ed. 2d 407(2012). State V. Delbosque, No. 96709-1 In 1994, 17-year-old Cristian J. Delbosque was convicted of aggravated first degree murder and received a mandatory life sentence without the possibility of release. Because he was a juvenile at the time of his offense, Delbosque was resentenced in 2016 in accordance with the Miller-fix statute and received a minimum term of48 years without the possibility of parole. The Court of Appeals concluded that Delbosque could seek review of his sentence only through a personal restraint petition (PRP), rather than direct appeal, but nevertheless reversed his sentence, holding that the trial court's factual findings were not supported by substantial evidence. We affirm the Court of Appeals' holding that the sentencing court's findings were not supported by substantial evidence, thus remanding for resentencing was proper. However, we reverse the Court of Appeals' holding that Delbosque was not entitled to a direct appeal. We therefore affirm in part, reverse in part, and remand for resentencing. FACTUAL AND PROCEDURAL BACKGROUND A. The crime and original sentence On October 18, 1993, after a period of heavy drinking, 17-year-old Delbosque brutally murdered Filiberto Sandoval and Kristina Berg. When questioned by police, Delbosque waived his rights and confessed to the murders, although he testified at trial that his girlfriend was the one responsible. State V. Delbosque, No. 96709-1 A jury found Delbosque guilty of aggravated first degree murder for the death of Berg and second degree felony murder for the death of Sandoval. Delbosque was sentenced to mandatory life without the possibility of parole for Berg's murder.^ B. 2016 Miller-fix hearing The Washington Legislature enacted the Miller-fix statute in response to the United States Supreme Court's decision in Miller, 567 U.S. 460. Miller held the Eighth Amendment's ban on cruel and unusual punishment prohibits mandatory life without parole sentences for juveniles and requires sentencing judges to consider "how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison." Id. at 480; U.S. CONST, amend. VIII. The Miller-fix amended several RCW chapters relating to ...
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