Opinion
No. 63240-0-I.
September 28, 2009.
Petition for relief from personal restraint.
Remanded with instructions by unpublished per curiam opinion.
Truong Nguyen challenges the sentences imposed for Counts X and XIII of the multiple counts of burglary, robbery, and assault on a child he was found guilty of committing in King County No. 03-1-08942-3. His personal restraint petition was referred to a panel of this court for determination on the merits. RAP 16.11(b). The State has now conceded Nguyen is entitled to resentencing on those two counts because the combined terms of standard confinement time and firearms enhancement time clearly exceed the applicable statutory maximum sentence of ten years for those offenses. We accept the concession as well-taken. RCW 9.94A.533(3)(g).
We therefore grant Nguyen's petition and remand this matter to the trial court for resentencing only on Counts X and XIII. All other provisions of Nguyen's judgment and sentence are unaffected.
We accordingly deny Nguyen's motion to modify an earlier ruling by a commissioner regarding the State's briefing in this matter as moot.