Opinion
No. 59724-8-I.
January 22, 2008.
Appeal from a judgment of the Superior Court for King County, No. 03-1-03761-0, Charles W. Mertel, J., entered March 8, 2007.
Reversed and remanded by unpublished per curiam opinion.
Gary Alexander appeals the order of restitution entered following remand from this court. The State concedes error.
Alexander pleaded guilty to two counts of possession of stolen property and two counts of burglary and agreed to pay restitution on all charged and uncharged counts. The plea agreement stated that all facts in the certifications of probable cause were accepted as true and material. The prosecutor's office drafted but did not file a 19-count information with six counts of residential burglary and eleven counts of possession of stolen property. The trial court ordered Alexander to pay restitution to eight individuals, as well as various insurance companies. Alexander appealed, challenging the restitution order. This court affirmed in part, but remanded for the trial court to determine "whether the two charging documents, together with the certifications for probable cause, support[ed] the restitution order." State v. Alexander, No. 44233-8-I (unpublished decision filed September 19, 2005).
On remand the trial court reaffirmed the original restitution order. The State argued that restitution was proper as to any matter in which police reports were referenced in the certification of probable cause. Defense counsel objected. The court ruled that so long as the police case numbers referred to burglary investigations, Alexander was responsible for restitution for losses associated with the burglaries.
Alexander appeals, contending that the trial court erred to the extent it ordered Alexander to pay restitution for losses suffered by David Cornfield, Douglas Ancona, and Brent Wood which were not listed in the certification of probable cause. Alexander argues the court must vacate that portion of the restitution order pertaining to Cornfield, Ancona and Wood and on remand Alexander should be ordered to pay restitution to Cornfield, Ancona and Wood only for items listed in the certification of probable cause.
The State now concedes error and argues that the case should be remanded and the order reaffirming restitution modified to exclude the amounts stemming from the Cornfield, Ancona and Wood burglaries. We accept the State's concession of error, vacate the order reaffirming restitution, and remand.