Opinion
No. 62490-3-I.
April 13, 2009.
Petition for relief from personal restraint.
Granted and case remanded by unpublished per curiam opinion.
David Miller filed a motion under CrR 7.8 in superior court challenging the calculation of his offender score in his sentence for second degree assault in King County No. 04-1-06615-4 SEA. The superior court transferred the motion to this court for consideration as a personal restraint petition and this court called for a response from the State. The State now concedes that Miller is entitled to resentencing because the trial court calculated his offender score as 9 when it should have been 8. That concession is well-taken as it appears the trial court erroneously counted a juvenile adjudication in Miller's criminal history as an adult conviction. See RCW 9.94A.525(8). The personal restraint petition is accordingly granted and the case will be remanded for immediate resentencing.