Opinion
No. 64831-4-I.
Filed: January 3, 2011. UNPUBLISHED OPINION
Appeal from a judgment of the Superior Court for Whatcom County, No. 09-1-00942-5, Ira Uhrig, J., entered January 14, 2010.
Reversed in part and remanded by unpublished per curiam opinion.
Saul Lira appeals his convictions for first degree arson and first degree malicious mischief. The State concedes, and we agree, that Lira's malicious mischief conviction must be reversed and dismissed without prejudice because the information omitted the correct value element of the offense. State v. Kjorsvik, 117 Wn. 2d 93, 812 P.2d 86 (1991); State v. Haberman, 105 Wn. App. 926, 22 P.3d 264 (2001). Given this disposition, we need not reach Lira's contention that his convictions violate double jeopardy.
The State also concedes that the amended order of restitution obtained ex parte must be vacated and remanded for Lira to receive notice and a hearing, and that Lira's community custody term must be reduced to 18 months under RCW 9.94A.701(2). We accept both concessions.
Reversed in part and remanded for proceedings consistent with this opinion.