Opinion
No. 57414-1-I.
August 14, 2006.
Appeal from a judgment of the Superior Court for King County, No. 05-1-00410-6, Mary Yu, J., entered November 9, 2005.
11/09/2005. Judge signing: Hon. Mary I Yu.
Counsel for Appellant(s), Washington Appellate Project, Attorney at Law, 1511 Third Avenue, Suite 701, Seattle, WA 98101.
Oliver Ross Davis, Washington Appellate Project, 1511 3rd Ave Ste 701, Seattle, WA 98101-3647.
Bruce Puleava Saiaana (Appearing Pro Se), 19323 — 9th Avenue S., Seattle, WA 98148.
Counsel for Respondent(s), Prosecuting Atty King County, King Co Pros/App Unit Supervisor, W554 King County Courthouse, 516 Third Avenue, Seattle, WA 98104.
Amy R Meckling, King County Prosecutor's Office, 516 3rd Ave Ste W554, Seattle, WA 98104-2390.
Reversed by unpublished per curiam opinion.
Bruce Saiaana appeals from the order of restitution entered following his convictions for rendering criminal assistance in the first and second degree. The State concedes that the restitution order was entered untimely under RCW 9.94A.753(1) and was unsupported because Saiaana did not agree to pay restitution for uncharged offenses in his plea agreement. Following review of the record, which shows the trial court was apparently misled by the prosecutor's incorrect representation of the statutory deadline, we accept the State's concession of error. See State v. Johnson, 96 Wn. App. 813, 816, 981 P.2d 25 (1999) (extension of time for restitution order must enter before statutory period runs); State v. Dauenhauer, 103 Wn. App. 373, 378, 12 P.3d 661 (2000) (restitution for uncharged crimes is proper only if the offender expressly agrees to restitution for those crimes in his plea agreement).
Accordingly, the order of restitution is vacated.
BAKER, ELLINGTON and GROSSE, JJ. Page 1040