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In re Ethrington

Court of Appeals of Washington, Division 3
Oct 29, 2024
No. 40234-7-III (Wash. Ct. App. Oct. 29, 2024)

Opinion

40234-7-III

10-29-2024

In the Matter of the Personal Restraint of: JAMES M. ETHRINGTON, Petitioner.


UNPUBLISHED OPINION

PENNELL, J.

James Ethrington pleaded guilty to several criminal charges and was sentenced to 120 months' confinement, plus 12 months of community custody. Because Mr. Ethrington's total sentence exceeds the statutory maximum of 120 months, we grant his personal restraint petition (PRP) and remand for further proceedings.

BACKGROUND

James M. Ethrington is serving a 120-month sentence as a result of his guilty plea to several felony charges. Although the maximum penalty applicable to Mr. Ethrington's convictions is 120 months, his judgment and sentence imposed a 12-month term of community custody on top of his period of incarceration. Mr. Ethrington did not appeal from his judgment and sentence. He filed a PRP several years after his conviction became final.

ANALYSIS

Mr. Ethrington contends his judgment and sentence is invalid on its face-and thus not subject to the one-year PRP limitation period-because the total sentence imposed exceeds the statutory maximum. The State concedes and we agree.

"RCW 9.94A.505(5) restricts a trial court from imposing a combined term of confinement and community custody that exceeds the statutory maximum." In re Pers. Restraint of McWilliams, 182 Wn.2d 213, 216, 340 P.3d 223 (2014). A judgment and sentence that violates this restriction is invalid on its face and therefore may be challenged outside the standard a one-year limitation period for PRPs. See RCW 10.73.100(5) (The one-year limit does not apply to a sentence in excess of the court's jurisdiction.). The remedy applicable to this circumstance is to "remand to the trial court to amend the community custody term or to resentence consistent with the statute." McWilliams, 182 Wn.2d at 217.

Because the total sentence imposed by Mr. Ethrington's judgment and sentence exceeds the statutory maximum, he is entitled to relief. Remand is appropriate.

CONCLUSION

The petition is granted. This matter is remanded to the trial court "to either amend the community custody term or resentence" Mr. Ethrington for his counts of conviction. State v. Boyd, 174 Wn.2d 470, 473, 275 P.3d 321 (2021) (per curiam).

A majority of the panel has determined this opinion will not be printed in the Washington Appellate Reports, but it will be filed for public record pursuant to RCW 2.06.040.

WE CONCUR: Staab, A.C.J., Fearing, J.


Summaries of

In re Ethrington

Court of Appeals of Washington, Division 3
Oct 29, 2024
No. 40234-7-III (Wash. Ct. App. Oct. 29, 2024)
Case details for

In re Ethrington

Case Details

Full title:In the Matter of the Personal Restraint of: JAMES M. ETHRINGTON…

Court:Court of Appeals of Washington, Division 3

Date published: Oct 29, 2024

Citations

No. 40234-7-III (Wash. Ct. App. Oct. 29, 2024)