Opinion
No. 59258-1-I.
February 25, 2008.
Appeal from a judgment of the Superior Court for Skagit County, No. 06-1-00138-8, John M. Meyer, J., entered October 26, 2006.
Remanded by unpublished per curiam opinion.
Jeffrey Butterfield appeals his conviction for first degree robbery, arguing that the Judgment and Sentence is ambiguous and should be clarified. We agree. Paragraph 2.1 of the Judgment and Sentence states in pertinent part:
2.1 CURRENT OFFENSE(S): The defendant was found guilty . . . by jury verdict of:
Robbery in the First Degree . . . Count 1; . . .
Robbery in the Second Degree, Count 2; . . . DISMISSED
(Emphasis in original).
Paragraph 3.1 states that "[t]he defendant is GUILTY of the Counts and Charges listed in Paragraph 2.1. . . ." These paragraphs could be interpreted to mean that Butterfield was convicted of both counts, but the second count was later dismissed. Because the second count was actually dismissed prior to trial, and because of the stigma associated with criminal convictions, we remand for clarification of the Judgment and Sentence. We note that paragraph 3.2, which states in part that "The Court DISMISSES Counts ___," is the appropriate place on the Judgment and Sentence to list the dismissed count.
Remanded for clarification of the Judgment and Sentence.