Opinion
No. 40227-1-II.
December 14, 2010. UNPUBLISHED OPINION
Appeal from a judgment of the Superior Court for Mason County, No. 08-1-00024-9, Toni A. Sheldon, J., entered December 14, 2009.
Remanded by unpublished opinion per Worswick, A.C.J., concurred in by Armstrong and Van Deren, JJ.
Richard E. York appeals the condition of his term of community custody that orders that he "shall not purchase, possess, or view any pornographic materials." Clerk's Papers at 18. He argues that it is unconstitutionally vague because it lacks an ascertainable standard for enforcement. State v. Bahl, 164 Wn.2d 739, 758, 193 P.3d 678 (2008). The State concedes. We accept the State's concession and remand York's judgment and sentence for resentencing.
A commissioner of this court initially considered York's appeal as a motion on the merits under RAP 18.14 and then transferred it to a panel of judges.
Remand.
A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record pursuant to RCW 2.06.040, it is so ordered.
ARMSTRONG, J. and VAN DEREN, J., concur.