Opinion
68135-4-I
12-17-2012
STATE OF WASHINGTON Respondent, v. VERNON McHENRY, Appellant.
UNPUBLISHED OPINION
PER CURIAM
Vernon McHenry appeals the sentence imposed following his convictions for one count of felony driving under the influence (DUI) and two counts of bail jumping. McHenry argues, and the State concedes, that the period of community custody imposed on the DUI count and the 18-month sentences imposed on the bail jumping counts exceeded the applicable statutory ranges. See RCW 9.94A.411(2) (felony DUI is a "crime against persons"); RCW 9.94A.701(3)(a) (community custody period for crimes against persons is 12 months); RCW 9.94A.510 (standard range for seriousness level III offense with offender score of four is 12 to 16 months); RCW 9.94A.515 (seriousness level III offenses include Bail Jumping with class B or C felony); RCW 9A.76.170(3)(bail jumping is a class C felony if the person was held for a class B or C felony); RCW 46.61.502(6) (felony DUI is class C felony). The State further concedes that it did not recommend, and the sentencing court did not intend to impose, an exceptional sentence on the bail jumping counts.
We accept the concessions of error and remand for further proceedings.