Opinion
No. 41814-2-II.
Filed: August 23, 2011. UNPUBLISHED OPINION.
Appeal from a judgment of the Superior Court for Cowlitz County, No. 10-8-00455-9, Lisa E. Tabbut and Dennis P. Maher, JJ. Pro Tem., entered February 15, 2011.
Remanded by unpublished opinion per Worswick, J., concurred in by Penoyar, C. J., and Van Deren, J.
The State charged A.S.H. with second degree theft of an access device with domestic violence for taking a debit card belonging to her legal mother. RCW 9A.56.040(1)(c), RCW 9A.56.020(1)(a), RCW 10.99.020(3). She moved to remove the domestic violence designation. The juvenile court granted her motion. She then pleaded guilty to second degree theft of an access device. The juvenile court imposed a manifest injustice disposition and committed A.S.H. to 30 to 40 weeks with the Juvenile Rehabilitation Administration. She appealed from the manifest injustice disposition. The State cross-appealed the order removing the domestic violence designation.
Under RAP 3.4, this court changes the title of the case to the juvenile's initials to protect her privacy interests.
The State and A.S.H. have reached an agreement in which: (1) A.S.H. withdraws her appeal of the manifest injustice disposition; (2) A.S.H. concedes that the juvenile court erred in removing the domestic violence designation; and (3) the State waives any award of costs on appeal. We accept A.S.H.'s concession. Under RCW 10.99.020(5), because she committed her second degree theft against a "family or household member," it was properly designated a "domestic violence" crime even though second degree theft is not among the non-exclusive list of crimes contained in that subsection.
A commissioner of this court initially considered A.S.H.'s appeal on an accelerated basis under RAP 18.13 and then transferred it to a panel of judges.
Accordingly, we dismiss A.S.H.'s appeal without any award of costs and we remand to the juvenile court to restore the domestic violence designation to her order of adjudication.
A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record pursuant to RCW 2.06.040, it is so ordered.
VAN DEREN, J. and PENOYAR, CJ., concur.