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In Matter of Dermates

The Court of Appeals of Washington, Division One
Jan 3, 2011
159 Wn. App. 1010 (Wash. Ct. App. 2011)

Opinion

No. 64688-5-I.

Filed: January 3, 2011. UNPUBLISHED OPINION

Petition for relief from personal restraint.


Remanded by unpublished per curiam opinion.


Robert Dermates filed this personal restraint petition challenging, among other things, a sentencing condition that he "not possess or access pornographic materials, as directed by the supervising Community Corrections Officer." The State's concession that the condition is unconstitutionally vague is well taken. See State v. Bahl, 164 Wn.2d 739, 193 P.3d 678 (2008).

The Acting Chief Judge previously dismissed Dermates' remaining claims as frivolous.

Accordingly, we accept the State's concession and grant the personal restraint petition. The matter is remanded to the trial court for amendment of the judgment and sentence consistent with Bahl, 164 Wn.2d at 758-62.

Remanded.


Summaries of

In Matter of Dermates

The Court of Appeals of Washington, Division One
Jan 3, 2011
159 Wn. App. 1010 (Wash. Ct. App. 2011)
Case details for

In Matter of Dermates

Case Details

Full title:In The Matter Of The Personal Restraint Of ROBERT DERMATES, Petitioner

Court:The Court of Appeals of Washington, Division One

Date published: Jan 3, 2011

Citations

159 Wn. App. 1010 (Wash. Ct. App. 2011)
159 Wash. App. 1010