Opinion
No. 62210-2-I.
September 28, 2009.
Petition for relief from personal restraint.
Remanded with instructions by unpublished per curiam opinion.
Clyde Lawhorn challenges the sentence imposed after he pleaded guilty to two counts of felony violation of a court order in King County Nos. 06-1-09259-3 and 07-1-00283-5. His personal restraint petition was referred to a panel of this court for determination on the merits. RAP 16.11(b). We grant his petition and remand for clarification of the judgment and sentence in accordance with In re Pers. Restraint of Brooks, 166 Wn.2d 664, 211 P.3d 1023 (2009).
Lawhorn asserts that this sentence was invalid because the combined term of confinement and community custody could exceed that statutory maximum, in violation of RCW 9.94A.505(5).
In Brooks, our Supreme Court held that
when a defendant is sentenced to a term of confinement and community custody that has the potential to exceed the statutory maximum for the crime, the appropriate remedy is to remand to the trial court to amend the sentence and explicitly state that the combination of confinement and community custody shall not exceed the statutory maximum.
Brooks, 166 Wn.2d at 675. When clarified in this manner, a sentence does not exceed the statutory maximum and is not indeterminate or otherwise invalid. Brooks, 166 Wn.2d at 673-74; see also State v. Sloan, 121 Wn. App. 220, 223, 87 P.3d 1214 (2004).
We therefore grant Lawhorn's petition and remand this matter to the trial court solely for entry of an amended judgment and sentence in accordance with Brooks that expressly states the combination of confinement and community custody shall not exceed the statutory maximum.
Remanded.