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State v. Soto

The Court of Appeals of Washington, Division One
Dec 21, 2009
153 Wn. App. 1038 (Wash. Ct. App. 2009)

Opinion

No. 63549-2-I.

December 21, 2009.

Appeal from a judgment of the Superior Court for King County, No. 00-1-02305-3, Deborah D. Fleck, J., entered May 5, 2009.


Remanded by unpublished per curiam opinion.


Mauricio Soto appeals his sentence for one count of first degree assault. Soto argues that the term of community placement in his sentence is not stated with sufficient precision. The State concedes remand is required for correction of that error. The concession is well-taken because page three of the judgment and sentence states the correct term of community placement of 24 months or up to the period of earned early release, while Appendix H erroneously states the term is three years or up to the period of earned early release. State v. Broadaway, 133 Wn.2d 118, 136, 942 P.2d 363 (1997).

We accordingly remand to the trial court for amendment of the judgment and sentence as to the precise length of the term of community placement.


Summaries of

State v. Soto

The Court of Appeals of Washington, Division One
Dec 21, 2009
153 Wn. App. 1038 (Wash. Ct. App. 2009)
Case details for

State v. Soto

Case Details

Full title:THE STATE OF WASHINGTON, Respondent, v. MAURICIO ERNESTO SOTO, Appellant

Court:The Court of Appeals of Washington, Division One

Date published: Dec 21, 2009

Citations

153 Wn. App. 1038 (Wash. Ct. App. 2009)
153 Wash. App. 1038