Opinion
No. 65751-8-I.
November 8, 2010.
Petition for relief from personal restraint.
Granted and remanded by unpublished per curiam opinion.
Samuel McDonough has filed a personal restraint petition seeking to withdraw his plea in King County Superior Court No. 08-1-05588-1 SEA because he was misadvised about a direct consequence of the plea. In particular, McDonough's December 15, 2008 judgment and sentence for indecent exposure lists a seriousness level of IV and a standard range of 12+ to 14 months, contrary to RCW 9.94A.505(2)(b) providing a standard range of 0 to 12 months for unranked felonies. State v. Steen, 155 Wn. App. 243, 249, 228 P.3d 1285 (2010) (felony indecent exposure not involving a victim under the age of 14 is an unranked felony). McDonough claims he received ineffective assistance of counsel when his attorney failed to advise him of the proper standard range before McDonough entered his plea. He requests remand to the trial court for a new trial.
The King County Prosecutor has conceded (1) that the petition is not time barred because the judgment and sentence is invalid on its face, and (2) that McDonough received ineffective assistance of counsel rendering his plea involuntary. The State agrees that McDonough is entitled to remand to the trial court where he should be permitted to either withdraw his plea or be re-sentenced in accordance with the trial court's authority.
We accept the concession and grant the personal restraint petition. Accordingly, the matter is remanded to the trial court for McDonough's choice of remedy. State v. Miller, 110 Wn.2d 528, 536-37, 756 P.2d 122 (1988).