Opinion
No. 64447-5-I.
October 18, 2010. UNPUBLISHED OPINION
Appeal from a judgment of the Superior Court for Whatcom County, No. 08-1-00133-7, Ira Uhrig, J., entered October 8, 2009.
Remanded by unpublished per curiam opinion.
Neil Davis appeals the sentence imposed following his guilty plea to two counts of second degree child molestation and two counts of third degree rape of a child. He contends the sentencing court erred in denying his request for a SSOSA alternative because it relied on the wrong version of the eligibility statute. He also contends the court erred in imposing a lifetime sexual assault protection order. The State concedes, and we agree, that the sentencing court applied the wrong version of the eligibility statute and that the matter must be remanded for the court to exercise its discretion under the applicable statutes.
We also agree with the State's contention that nothing in the record or the law supports Davis' claim that this matter must be remanded for resentencing before a different judge. Finally, the State concedes, and we again concur that the court exceeded its authority in imposing a lifetime sexual assault protection order and that the length of the protection order must be reduced.
Remanded for proceedings consistent with this opinion.
For the Court: