State v. Ramos

Summary

The Washington Supreme Court held that a remand requiring the trial court to specify community placement conditions required the exercise of discretion rather than a purely ministerial correction. Accordingly, Ramos had a constitutional right to be present and heard at the resentencing hearing.

Holdings

1. The remand was not purely ministerial because the trial court was directed to specify special terms of community placement that could require the exercise of sentencing discretion.
2. Because the remand required the trial court to exercise sentencing discretion, Ramos had a constitutional right to be present and heard at resentencing.

Questions Presented

1. Whether the Court of Appeals' remand to correct the community-placement provisions required the trial court to exercise sentencing discretion.
2. Whether Ramos had a constitutional right to be present and heard at the remand resentencing hearing.

Disposition

reversed_and_remanded