Opinion
No. 62487-3-I.
February 17, 2009.
Petition for relief from personal restraint.
Petition granted, sentence vacated, and case remanded for resentencing by unpublished per curiam opinion.
Taft Lawson filed this personal restraint petition challenging his sentence following his conviction of assault in the second degree-domestic violence. Lawson contends he is entitled to resentencing because the offender score on which his sentence was based was incorrectly calculated. The King County Prosecutor has conceded that Lawson is entitled to resentencing because several of Lawson's prior offenses should have been scored as one offense under RCW 9.94A.525(5)(a)(ii). We accept the concession. In re Pers. Restraint of Johnson, 131 Wn.2d 558, 933 P.2d 1019 (1997) (a miscalculated offender score constitutes a fundamental defect that inherently results in a complete miscarriage of justice requiring relief in a personal restraint proceeding). Accordingly, Lawson's sentence is vacated and the case is remanded for resentencing.