Opinion
No. 58404-9-I.
January 22, 2008.
Appeal from a judgment of the Superior Court for Whatcom County, No. 04-1-01287-5, Ira Uhrig, J., entered December 9, 2004.
Affirmed by unpublished per curiam opinion.
Shay Prendergast appeals the denial of a CrR 7.8 motion challenging her sentence for two counts of first degree robbery. Citing Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004), she contends the sentence is invalid on its face because the combined terms of confinement and community placement exceed 116 months, the high end of the applicable standard range. But Blakely does not apply to community placement because it results directly from the facts admitted by the defendant or found by a jury and does not require any additional fact finding. See former RCW 9.94A.715(1) (2002). Accordingly, for Blakely purposes, Prendergast's sentence is her term of confinement, or 90 months. Because that sentence is within the standard range, Prendergast's argument fails. The court did not abuse its discretion in denying her CrR 7.8 motion.
Affirmed.