State of Washington v. Christopher M. Huckaby

Opinion

FILED

SEPTEMBER 15, 2026

In the Office of the Clerk of Court WA State Court of Appeals, Division III

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE

STATE OF WASHINGTON, )

) No. 40758-6-III

Respondent, )

)

v. )

)

CHRISTOPHER M. HUCKABY, ) UNPUBLISHED OPINION )

Appellant. )

HILL, J. — A jury found Christopher Huckaby guilty of assault in the third degree with an aggravating factor for rapid recidivism. The trial judge sentenced Huckaby before he had the opportunity to allocute. Thus, Huckaby appeals his sentence. The State concedes. We remand for resentencing before a different judge.

State v. Huckaby

BACKGROUND

Police determined Christopher Huckaby presented a danger to himself. They transported him to the Whitman Hospital for medical care. Hospital staff placed Huckaby in restraints due to his aggressive demeanor and their belief that he was under the influence of drugs. While at the hospital, Huckaby assaulted a nurse.

The State charged Huckaby with one count of assault in the third degree with an aggravating factor of rapid recidivism due to his recent conviction. A jury found Huckaby guilty as charged. The court ordered an evaluation to determine whether a Drug Offender Sentencing Alternative (DOSA) was appropriate.

At sentencing, the court determined Huckaby’s prior Idaho conviction for domestic battery was comparable to assault in the third degree in Washington. The court included Huckaby’s criminal history when it calculated his offender score.

Defense counsel requested that the court impose a DOSA while the State argued for an exceptional sentence. The court pronounced its sentence before giving Huckaby the opportunity to allocute. The court denied the DOSA request and imposed an exceptional sentence. Defense counsel objected to the court announcing the sentence before providing Huckaby the opportunity to speak and moved for the court to recuse itself. The court denied the motion and proceeded to hear from Huckaby and the victim. The court then imposed the sentence it had earlier announced.

Huckaby appeals.

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State v. Huckaby

ANALYSIS

“Washington law protects the right to allocute for a criminal defendant at sentencing.” State v. Anderson, 36 Wn. App. 2d 272, 289 n.6, 583 P.3d 38 (2026). “Allocution is the right of a criminal defendant to make a personal argument or statement to the court before the pronouncement of sentence. It is the defendant’s opportunity to plead for mercy and present any information in mitigation of sentence.” State v. Canfield, 154 Wn.2d 698, 701, 116 P.3d 391 (2005). RCW 9.94A.500 codifies this right. When sentencing a defendant, “[t]he court shall . . . allow arguments from . . . the offender . . . as to the sentence to be imposed.” RCW 9.94A.500(1).

The State concedes that the sentencing court erred in announcing Huckaby’s sentence before providing him with the opportunity to allocute. We accept the State’s concession. The proper remedy is to vacate the sentence and remand for resentencing before a different judge. See State v. Aguilar-Rivera, 83 Wn. App. 199, 200, 920 P.2d 623 (1996) (“[W]here a defendant’s right of allocution is inadvertently omitted until after the court has orally announced the sentence that it intends to impose, the defendant is entitled to a new sentencing hearing, before a different judge.”); State v. Crider, 78 Wn. App. 849, 861, 899 P.2d 24 (1995).

Huckaby appeals his sentence on three additional grounds. He argues that the court erred or abused its discretion by: (1) using his Idaho conviction when calculating

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State v. Huckaby

his offender score, (2) denying him a DOSA, and (3) imposing an exceptional sentence. Because Huckaby will be resentenced, we need not address these issues.

CONCLUSION

We vacate Huckaby’s sentence and remand for resentencing before a different judge.

A majority of the panel has determined this opinion will not be printed in the Washington Appellate Reports, but it will be filed for public record pursuant to RCW 2.06.040.

Hill, J.

WE CONCUR:

Staab, C.J.

Lawrence-Berrey, J.