Appeal filed after judge rejects agreed mental health sentence

Clallam County Sentencing Appeal Filed

A Clallam County resident has appealed his recent prison sentence after a judge declined to approve a sentencing option that both sides had agreed upon. The trial court has already ruled that the appeal will be funded by the state.

The defendant filed a notice of appeal on July 28, which coincides with the date Judge Brent Basden issued the judgment and sentence in Clallam County Superior Court.

Accompanying filings submitted that afternoon outline a single point of contention regarding the proceedings. The filing asserts that the court "failed to use its discretion when it did not impose a Mental Health Sentencing Alternative." Earlier reporting noted that Judge Basden denied this request despite mutual agreement from prosecutors and the defense.

Judge Basden imposed a sentence of 23.25 months on the primary count. This term falls at the lower end of the 23.25 to 30.75 month standard range calculated for an offender score of 3. All confinement terms run concurrently, followed by 18 months of community custody.

Appeal funded by the state

On July 29, the court executed an order of indigency. This document establishes that the defendant lacks the financial resources to fund the appeal and that state law permits a review at public expense.

The order authorizes the provision of counsel at no cost to the defendant and directs Division II to appoint that representation.