Appeals Court Orders Resentencing in Quincy Murder Case

A Quincy man who pleaded guilty to second-degree murder must be resentenced.

The Washington State Court of Appeals granted the appeal for Horacio Morales Perez, who was 18 years old when he shot and killed 18-year-old Juan Carlos Diaz Gurrero Jr. in 2022. Morales Perez was initially sentenced to 220 months in prison.

Court documents show Morales Perez attempted to shoot and kill the driver of the vehicle Guerrero was in, but struck Guerrero instead.

What Led to the Appeal

The court denied a request to consider Morales Perez's youthfulness and his family's testimony during the original sentencing hearing.

The Appeals Court ruled 2-1 in favor of the appeal.

What Judges Said About Youthful Offenders

"Once Morales Perez requested consideration of youthfulness, the court was obligated to give meaningful consideration to that request and to consider relevant lay testimony proffered in support," the favoring opinion reads. "The court’s refusal to hear from Morales Perez’s family was an abuse of discretion. Because the court failed to consider proffered lay testimony relevant to youthfulness after a proper request, the sentencing procedures were defective."

Appellate Judge George Fearing wrote the dissenting opinion but concluded that resentencing was appropriate.