A Clallam County man sent to state prison last week after a judge declined to grant an agreed mental health sentencing alternative has appealed, and the trial court has already ordered that his appeal proceed at public expense.

James R. Lundstrom filed a notice of appeal on July 28, the same day Judge Brent Basden entered the judgment and sentence in Clallam County Superior Court. 

A companion motion filed the same afternoon states one issue Lundstrom intends to raise: that the court "failed to use its discretion when it did not impose a Mental Health Sentencing Alternative." 

We reported last week that Judge Basden declined to grant the alternative even though prosecutors and the defense had agreed on it. 

Judge Basden imposed 23.25 months on the lead count, the bottom of the 23.25 to 30.75 month standard range the judgment calculates at an offender score of 3, with all confinement terms running concurrently and 18 months of community custody to follow.

The appeal will be paid for by the public

On July 29, the court signed an order of indigency finding that Lundstrom lacks sufficient funds to prosecute an appeal and that the law grants him a right to review at public expense. 

The order entitles him to counsel for review wholly at public expense and directs Division II to appoint that counsel.

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