Opinion
No. 61116-0-I.
October 27, 2008.
Appeal from a judgment of the Superior Court for King County, No. 06-1-06162-1, Charles W. Mertel, J., entered December 10, 2007.
Remanded by unpublished per curiam opinion.
John Spencer pleaded guilty to second degree manslaughter, second degree assault, and residential burglary. The trial court imposed consecutive sentences on the manslaughter and assault charges, and a concurrent sentence on the burglary charge. Spencer contends the trial court lacked statutory authority to imposed consecutive sentences. The State concedes error. We agree that second degree manslaughter and second degree assault are not serious violent offenses under RCW 9.94A.030(45) and that consecutive sentences are therefore not authorized under RCW 9.94A.589 (1)(b). We accept the concession of error and remand for resentencing before a different sentencing judge.
Remanded for resentencing.