Opinion
No. 60515-1-I.
July 21, 2008.
Appeal from a judgment of the Superior Court for King County, No. 06-1-12210-7, Richard A. Jones, J., entered July 31, 2007.
Remanded by unpublished per curiam opinion.
Roy Winkle contends his sentence for two counts of child rape is illegal in two respects. The maximum term for each offense is 60 months. The trial court imposed a sentence of 60 months but also imposed 36-48 months of community custody. The State concedes that the total term of confinement plus community custody may not exceed the maximum term for the offense. The trial court also imposed a Sexual Assault Protection Order with an expiration date of July 27, 2016. The State concedes that RCW 7.90.150 restricts the length of protection order to ". . . two years following the expiration of any sentence of imprisonment and subsequent period of community supervision, conditional release, probation, or parole."
We accept the State's concession of error. The State argues that re-sentencing is unnecessary and asks that we direct the trial court to insert language in the judgment and sentence that cures these deficiencies. While we see no apparent problems with the State's suggestions, we leave it to the trial court to determine how best to correct the problems with its judgement and sentence.
Remanded for further proceedings consistent with the State's concession of error.