Supreme Court vacates Moses Lake woman's sentence

MOSES LAKE — The Washington Supreme Court has vacated the sentence of a Moses Lake woman who was sentenced to almost 20 years in prison in connection with a 2014 burglary. The woman will be resentenced in connection with the case.

Cecily McFarland was convicted in 2014 of first-degree burglary, 10 counts of theft of a firearm and three counts of unlawful possession of a firearm in an incident in which she and her boyfriend stole guns, alcohol and electronics from a garage.

McFarland rejected a plea deal that would have given her 3.5 years in prison and was later sentenced to nearly 20 years in prison by Grant County Superior Court Judge John Knodell. Knodell imposed standard ranges on each of the counts and ordered the firearm sentences be served concurrently, at the same time, as the burglary sentence, but consecutive to each other.

McFarland appealed the sentence, arguing the court failed to recognize its discretion when imposing the firearms sentences. The Washington Court of Appeals, Division 3, ruled against McFarland and the case was brought to the state’s highest court.

The majority of McFarland’s appeal boiled down to her contention that Knodell made a mistake when he decided not to run her gun sentences concurrently as “an exceptional sentence on the mistaken belief it (the court) could not do so.” McFarland also argued her defense counsel was ineffective by not requesting the sentences be run concurrently.

The supreme court’s decision states at sentencing McFarland’s defense council agree with the recommended sentences, but asked for the consecutive sentences to be at the lower end of the standard sentencing range. The attorney also noted if McFarland had been convicted of stealing something other than guns, she would have been looking at a substantially lighter sentence.

Given the fact that the sentences were going to run consecutively, Knodell felt the high end of the sentencing range wasn't appropriate and imposed sentences at the bottom of the range for each of the gun convictions.

The court of appeals concluded Knodell did not commit an error when handing down the sentences and McFarland’s attorney was not deficient in his representation of McFarland. The supreme court remanded the case for resentencing, stating there is a possibility Knodell would have imposed concurrent gun-related sentences if he “properly” understood his discretion to do so.

“Remanding for resentencing because the trial court’s comments indicated it may have considered an exceptional sentence if it had known it could, and because the reviewing court was unsure the sentencing court would have imposed the same sentence had it known an exceptional sentence was available,” reads the supreme court’s decision.

Chief Justice Mary E. Fairhurst and Justice Mary I. Yu did not agree with the majority of the justice and wrote dissenting opinions.

Richard Byrd can be reached via email at city@columbiabasinherald.com.