Opinion
No. 66356-9-I.
Filed: October 3, 2011. UNPUBLISHED OPINION.
Appeal from a judgment of the Superior Court for King County, No. 10-1-03359-5, Ronald Kessler, J., entered December 13, 2010.
Remanded with instructions by unpublished per curiam opinion.
Phillip Garcia appeals the sentence imposed following his conviction for second degree assault. He contends, and the State concedes, that the community custody condition requiring him to obtain a substance abuse evaluation and any recommended treatment was not supported by the evidence and must be stricken. See RCW 9.94.607(1) (court may order evaluation etc. if it finds "the offender has a chemical dependency that has contributed to his or her offense"); State v. Jones, 118 Wn.App. 199, 208, 76 P.3d 258 (2003) (if evidence shows that alcohol contributed to the offense, an alcohol evaluation and treatment may be ordered). We accept the concession and remand with directions to strike the challenged condition from Garcia's judgment and sentence.