Revised Code of Washington

Wash. Rev. Code § 9.94A.647 (2026)

✓ current as of May 2026

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(1) In any criminal case wherein an offender has been sentenced as a persistent offender, the offender must have a resentencing hearing if a current or past conviction for robbery in the second degree was used as a basis for the finding that the offender was a persistent offender. The prosecuting attorney for the county in which any offender was sentenced as a persistent offender shall review each sentencing document. If a current or past conviction for robbery in the second degree was used as a basis for a finding that an offender was a persistent offender, the prosecuting attorney shall, or the offender may, make a motion for relief from sentence to the original sentencing court.

(2) The sentencing court shall grant the motion if it finds that a current or past conviction for robbery in the second degree was used as a basis for a finding that the offender was a persistent offender and shall immediately set an expedited date for resentencing. At resentencing, the court shall sentence the offender as if robbery in the second degree was not a most serious offense at the time the original sentence was imposed.

(3) Notwithstanding the provisions of RCW 9.94A.345, for purposes of resentencing under this section or sentencing any person as a persistent offender after July 25, 2021, robbery in the second degree shall not be considered a most serious offense regardless of whether the offense was committed before, on, or after the effective date of chapter 187, Laws of 2019 [July 28, 2019].

[ 2021 c 141 s 1.]

Notes of Decisions

Cited in 10 cases (10 in the last 5 years), 2022–2025 · leading case: State v. Rivers, 533 P.3d 410 (Wash. 2023).

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State v. Rivers, 533 P.3d 410 (Wash. 2023). · cites it 3× “We remand for resentencing, however, because Rivers is entitled to the benefit of RCW 9.94A.647, which no longer allows a persistent offender life sentence based on prior second-degree robbery convictions.”

State Of Washington, V. Robert Terrance Jackson Jr., 538 P.3d 284 (Wash. Ct. App. 2023). “RCW 9.94A.647(1). Jackson’s resentencing hearing occurred on September 30, 2022.”

State Of Washington, V. Ernest J. Kornegay (Wash. Ct. App. 2022). · cites it 5× “Further, we disagree with Kornegay’s contention that the trial court should have sua sponte found 1 RCW 9.94A.647. 2 RAP 10.10(a). 2 No. 52633-6-II that the State committed governmental misconduct and dismissed counts 1 through 4, and count 6.”

Pers. Restraint Petition Of Mazzar Gerald Robinson (Wash. Ct. App. 2022). · cites it 3× “Accordingly, we accept the State’s concessions and remand to the trial court to resentence Robinson consistent with RCW 9.94A.647 and Blake. The State asserts that a remand for resentencing moots Robinson’s challenge to the nunc pro tunc nature of the trial court’s 2019…”

State Of Washington, V. Bruce Casaway (Wash. Ct. App. 2023). · cites it 2× “MOTION FOR RESENTENCING After our legislature removed second degree robbery as a strike offense, Casaway moved, pursuant to RCW 9.94A.647,2 to vacate the finding that he was a persistent offender and to request resentencing.”

State of Washington v. Scott Allen Britton (Wash. Ct. App. 2023). · cites it 2× “141, § 1, codified at RCW 9.94A.647. In response to the legislation, Mr.”

State Of Washington, V. Anthony Enrico Hamilton (Wash. Ct. App. 2022). “141, § 1, codified at RCW 9.94A.647, which now provides: (1) In any criminal case wherein an offender has been sentenced as a persistent offender, the offender must have a resentencing hearing if a current or past conviction for robbery in the second degree was used as a basis…”

State Of Washington, V. Lavell Demeatreous Lewis (Wash. Ct. App. 2024). “Thus, all persistent offenders whose current or past convictions for that crime “was used as a basis for the finding that the offender was a persistent offender” became entitled to resentencing, RCW 9.94A.647(1), including Lewis. Lewis’s resentencing hearing took place on March…”

In the Matter of the Pers. Restraint of: Jimmy D. Click (Wash. Ct. App. 2025). “RCW 9.94A.647. In this personal restraint petition, Jimmy Click asserts he is entitled to resentencing because the 2004 Washington sentencing court based his persistent offender status in part on his 1985 California conviction for second degree 6 No.”

State of Washington v. Louis L. Hanson a/k/a Louis L. Montoya (Wash. Ct. App. 2025). “141, § 1, codified as RCW 9.94A.647. Montoya’s 2013 sentence as a persistent offender included a finding based on a 2001 date of crime conviction for second degree robbery, that resulted in the trial court ordering resentencing.”

— Wash. Rev. Code § 9.94A.647(1) — 4 cases

State Of Washington, V. Robert Terrance Jackson Jr., 538 P.3d 284 (Wash. Ct. App. 2023). “RCW 9.94A.647(1). Jackson’s resentencing hearing occurred on September 30, 2022.”

Pers. Restraint Petition Of Mazzar Gerald Robinson (Wash. Ct. App. 2022). “Accordingly, we accept the State’s concessions and remand to the trial court to resentence Robinson consistent with RCW 9.94A.647 and Blake. The State asserts that a remand for resentencing moots Robinson’s challenge to the nunc pro tunc nature of the trial court’s 2019…”

State Of Washington, V. Bruce Casaway (Wash. Ct. App. 2023). “MOTION FOR RESENTENCING After our legislature removed second degree robbery as a strike offense, Casaway moved, pursuant to RCW 9.94A.647,2 to vacate the finding that he was a persistent offender and to request resentencing.”

— Wash. Rev. Code § 9.94A.647(2) — 1 case

State of Washington v. Scott Allen Britton (Wash. Ct. App. 2023). “141, § 1, codified at RCW 9.94A.647. In response to the legislation, Mr.”

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