From Casetext: Smarter Legal Research

State v. Hart

The Court of Appeals of Washington, Division One
Dec 20, 2010
159 Wn. App. 1004 (Wash. Ct. App. 2010)

Opinion

No. 65166-8-I.

Filed: December 20, 2010. UNPUBLISHED OPINION

Appeal from a judgment of the Superior Court for King County, No. 09-1-05294-4, Carol A. Schapira, J., entered March 12, 2010.


Reversed and remanded by unpublished per curiam opinion.


Daryl Hart pleaded guilty in January 2010 to a first degree murder committed in August 1984. At sentencing, the court calculated Hart's offender score on the basis of a 1981 second degree robbery conviction. The court also imposed a term of community placement.

We accept the State's concession that the 1981 robbery conviction washed out and should not have been included in Hart's offender score and that Hart's conviction for the 1984 murder was not subject to community placement. Accordingly, we reverse Hart's sentence and remand for resentencing based on an offender score of 0 and without a term of community placement.

Reversed and remanded.


Summaries of

State v. Hart

The Court of Appeals of Washington, Division One
Dec 20, 2010
159 Wn. App. 1004 (Wash. Ct. App. 2010)
Case details for

State v. Hart

Case Details

Full title:STATE OF WASHINGTON, Respondent, v. DARYL S. HART, Appellant

Court:The Court of Appeals of Washington, Division One

Date published: Dec 20, 2010

Citations

159 Wn. App. 1004 (Wash. Ct. App. 2010)
159 Wash. App. 1004