Opinion
67007-7-I
02-21-2012
STATE OF WASHINGTON, Respondent, v. FRANK HENRY OLSEN, Appellant.
UNPUBLISHED OPINION
PER CURIAM.
Frank Olsen appeals the sentence imposed following his guilty plea to one count of third degree rape of a child. The court imposed 34 months of confinement and 36 months of community custody. Olsen contends, and the State concedes, that the combination of confinement and community custody exceeds the 60-month statutory maximum for his offense and therefore violates RCW 9.94A.701(9).
RCW 9.94A.701(9) provides in part that "the term of community custody . . . shall be reduced by the court whenever an offender's standard range term of confinement in combination with the term of community custody exceeds the statutory maximum for the crime."
We accept the concession of error and remand for the court to amend the sentence consistent with the statute, State v. Franklin, 172 Wn.2d 831, 263 P.3d 585 (2011), and In re Pers. Restraint of Brooks, 166 Wn.2d 664, 211 P.3d 1023 (2009). We need not decide whether, as the parties suggest, the court on remand is constrained to reduce the community custody term to 26 months or whether it can render its sentence lawful by the addition of language limiting the total sentence to the statutory maximum. See Franklin, 172 Wn.2d at 839.
Remanded for proceedings consistent with this opinion.