Opinion
51278-5-II
06-05-2018
In the Matter of the Personal Restraint of KAMARA KAM CHOUAP, Petitioner.
UNPUBLISHED OPINION
MELNICK, J.
Kamara Chouap seeks relief from personal restraint resulting from his 2010 conviction for assault in the second degree. The trial court sentenced him to 120 months of confinement and 18 months of community custody. That sentence exceeds the statutory maximum sentence of 120 months. RCW 9A.20.021(1)(b).
He does not seek relief from his convictions for two counts of attempting to evade a pursuing police vehicle.
Chouap argues that he is entitled to have his term of confinement reduced to 102 months so he can be allowed to serve his 18-month term of community custody. The State concedes that Chouap's sentence exceeds the statutory maximum sentence, but that under In re Personal Restraint of McWilliams, 182 Wn.2d 213, 218, 340 P.3d 223 (2014), Chouap is entitled only to the addition to his judgment and sentence of a Brooks notation that under no circumstances shall the combined terms of confinement and of community custody exceed the statutory maximum sentence.
Because Chouap's judgment and sentence is facially invalid, his petition, which was transferred to us by the trial court under CrR 7.8(b), is not time-barred by RCW 10.73.090(1).
In re Personal Restraint of Brooks, 166 Wn.2d 664, 675, 211 P.3d 1023 (2009).
We agree with the State and remand Chouap's judgment and sentence for addition of a Brooks notation that under no circumstances shall the combined terms of confinement and of community custody exceed the statutory maximum sentence.
Because Chouap was sentenced before the legislature overruled Brooks by enacting RCW 9.94A.701(9), Brooks is applicable to him. See McWilliams, 182 Wn.2d at 218.
A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040, it is so ordered.
We concur: Johanson, P.J., Sutton, J.