Opinion
No. 54274-5-I
Filed: April 4, 2005 UNPUBLISHED OPINION
Appeal from Superior Court of King County. Docket No. 03-1-07310-1. Judgment or order under review. Date filed: 04/15/2004. Judge signing: Hon. Charles W. Mertel.
Counsel for Appellant(s), Washington Appellate Project, Attorney at Law, Cobb Building, 1305 4th Avenue, Ste 802, Seattle, WA 98101.
Marquel D. Dixon, 1332 Duvall Ave NE # G-62, Renton, WA 98059-4361.
Elaine L. Winters, Washington Appellate Project, 1511 3rd Ave Ste 701, Seattle, WA 98101-3635.
Counsel for Respondent(s), Carla Barbieri Carlstrom, King Co Prosecutor's Office, 516 3rd Ave Ste W554, Seattle, WA 98104-2390.
Prosecuting Atty King County, King Co Pros/App Unit Supervisor, W554 King County Courthouse, 516 Third Avenue, Seattle, WA 98104.
Marquel Dixon challenges the amount of restitution ordered following his Alford plea to the attempted taking of a motor vehicle. Dixon concedes he should pay restitution for the cost of towing the car, $173.50, and the cost of replacing the license plates, $46. But he contends he should not have to pay restitution of $612 for the loss of items that were in the car when it was stolen.
North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970).
The State concedes error pursuant to State v. Teeters, 81 Wn. App. 478, 914 P.2d 784 (1996) and State v. Woods, 90 Wn. App. 904, 953 P.2d 834 (1998). Dixon admitted that he bought the car from someone he knew was a car thief. The State originally charged Dixon with possession of stolen property but amended the charge as part of a plea agreement. The State acknowledges that there is no evidence of a causal connection between the crime of attempted taking and the loss of personal property that was in the car when it was stolen. We accept the concession of error.
We reverse the order imposing restitution and remand to the trial court for entry of a restitution order in the amount of $219.50.
APPELWICK, ELLINGTON and AGID, JJ.