Opinion
No. 61990-0-I.
February 17, 2009.
Appeal from a judgment of the Superior Court for King County, No. 07-1-05179-8, Dean Scott Lum, J., entered June 23, 2008.
Reversed and remanded by unpublished per curiam opinion.
Jason Byron was convicted of two counts of assault in the fourth degree — domestic violence, one count of felony harassment, and one count of unlawful possession of a firearm. He argues on appeal that the domestic violence designation on the judgment and sentence relating to the second assault conviction should be removed because there was no evidence that the victim was a family or household member, as those terms are defined in RCW 10.99.020(3). The State has conceded error under the facts of this case and agrees that the domestic violence designation relating to Count III should be removed. We accept the concession of error.
Reversed and remanded.