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Matter of Personal Restraint of Smith

The Court of Appeals of Washington, Division One
Nov 9, 2009
152 Wn. App. 1063 (Wash. Ct. App. 2009)

Opinion

No. 63010-5-I.

November 9, 2009.

Petition for relief from personal restraint.


Granted and remanded by unpublished per curiam opinion.


Gary Smith challenges the sentence imposed after he pleaded guilty to delivery of cocaine, possession of cocaine, and second degree escape in King County Nos. 03-C-04426-8, 03-C-06765-9 and 04-1-06499-2. His personal restraint petition was referred to a panel of this court for determination on the merits. RAP 16.11(b). We grant his petition and remand for clarification of the judgment and sentence in accordance with In re Pers. Restraint of Brooks, 166 Wn.2d 664, 211 P.3d 1023 (2009).

Smith asserts that this sentence was invalid because the combined term of confinement and community custody for each of his offenses could exceed that statutory maximum, in violation of RCW 9.94A.505(5).

In Brooks, our Supreme Court held that

when a defendant is sentenced to a term of confinement and community custody that has the potential to exceed the statutory maximum for the crime, the appropriate remedy is to remand to the trial court to amend the sentence and explicitly state that the combination of confinement and community custody shall not exceed the statutory maximum.

Brooks, 166 Wn.2d at 675. When clarified in this manner, a sentence does not exceed the statutory maximum and is not indeterminate or otherwise invalid. Brooks, 166 Wn.2d at 673-74; see also State v. Sloan, 121 Wn. App. 220, 223, 87 P.3d 1214 (2004).

We therefore grant Smith's petition and remand this matter to the trial court solely for entry of an amended judgment and sentence in accordance with Brooks that expressly states the combination of confinement and community custody shall not exceed the statutory maximum.

Remanded.


Summaries of

Matter of Personal Restraint of Smith

The Court of Appeals of Washington, Division One
Nov 9, 2009
152 Wn. App. 1063 (Wash. Ct. App. 2009)
Case details for

Matter of Personal Restraint of Smith

Case Details

Full title:In the Matter of the Personal Restraint of: GARY SMITH, Petitioner

Court:The Court of Appeals of Washington, Division One

Date published: Nov 9, 2009

Citations

152 Wn. App. 1063 (Wash. Ct. App. 2009)
152 Wash. App. 1063