Filed Washington State Court of Appeals Division Two December 4, 2018 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II In the Matter of the Personal Restraint No. 49792-1-II Petition of: CHRISTIAN DELBOSQUE, PUBLISHED OPINION Petitioner. SUTTON, J. — In 1994, a jury found Cristian Delbosque guilty of aggravated first degree murder committed when he was 17 years old. The superior court imposed a life sentence without the possibility of parole. In 2016, under RCW 10.95.030 (the Miller-fix statute)1 and RCW 10.95.035, the superior court held an evidentiary hearing and entered an order imposing a minimum term of 48 years with a maximum term of life imprisonment. Delbosque challenges his judgment and sentence, arguing that the superior court’s findings of fact are unsupported by substantial evidence and that the superior court failed to adequately consider the diminished culpability of youth as required by the Miller-fix statute when setting the 1 In 2014, the Washington legislature responded to the United States Supreme Court’s ruling in Miller v. Alabama, 567 U.S. 460, 132 S. Ct. 2455, 183 L. Ed. 2d 407 (2012), by enacting the Miller-fix statute. See RCW 10.95.030(3)(a). The Miller-fix statute requires that a sentencing court take into account the factors identified in Miller before sentencing a 16- to 18-year-old offender to life without parole or early release. RCW 10.95.030(3)(a)(ii), (b). The legislature also enacted a statute that requires that juveniles sentenced before 2014 to life without parole or early release be resentenced under the Miller-fix statute. RCW 10.95.035(1). No. 49792-1-II minimum term. We hold that the superior court’s findings regarding Delbosque having an attitude towards others reflective of the underlying crime, and of Delbosque’s permanent incorrigibility and irretrievable depravity are not supported by substantial evidence. We further hold that the superior court failed to comply with the Miller-fix statute when setting Delbosque’s minimum term. Thus, Delbosque’s restraint is unlawful. Accordingly, we grant his Personal Restraint Petition (PRP), reverse the judgment and sentence, and remand for resentencing. FACTS In 1994, Delbosque was convicted of aggravated first degree murder for the murder of a young woman. Delbosque was sentenced to a mandatory sentence of life without parole. Delbosque was 17 years old when he committed the murder. In June 2016, the superior court conducted an evidentiary hearing to set a minimum term of confinement under the Miller-fix statute and RCW 10.95.035(1). During this hearing, the superior court heard extensive testimony from Delbosque’s friends and relatives regarding his difficult and troubled childhood. The State presented testimony from the officer who investigated the murder and victim impact testimony. The State also presented evidence from Robert Schreiber, the unit supervisor of the prison where Delbosque was incarcerated. Schreiber testified that Delbosque was currently classified as medium security and would qualify for minimum security except for the term of his sentence and an immigration detainer. Schreiber testified that between 1995 and 2008, Delbosque had 10 prison infractions, and that Delbosque’s last infraction was in 2010. The 2010 infraction asserted that Delbosque used ...
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