Opinion
No. 62283-8-I.
December 22, 2008.
Petition for relief from personal restraint.
Granted by unpublished per curiam opinion.
Viet Vu filed a personal restraint petition challenging his convictions and sentences for first degree robbery, first degree burglary and second degree assault on a child in King County No. 03-1-08941-5 SEA.
Although Vu raised a number of claims in his petition, all but one has been previously dismissed as frivolous. As for that remaining claim, the State has conceded that Vu is entitled to resentencing because his sentence for the conviction of assault on a child in the second degree exceeds the applicable statutory maximum. That concession is well-taken as the court sentenced Vu to a term of 156 months for that offense but the applicable statutory maximum is 10 years. RCW 9A.36.130(2); RCW 9A.20.021(1)(b).
The personal restraint petition is accordingly granted as to the sole issue described above. The case will be remanded for resentencing in accordance with the applicable ten-year statutory maximum penalty for assault on a child in the second degree.
For the Court: