State Of Washington v. Raymond Allan Elliot ( 2015 )


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  •       IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON
    STATE OF WASHINGTON,
    DIVISION ONE
    Respondent,
    No. 71033-8-1
    v.
    UNPUBLISHED OPINION
    RAYMOND ELLIOTT,
    Appellant.                FILED: FEB 1 7 2015
    PER CURIAM - Raymond Elliott appeals the sentence imposed following           Si    >-
    -n    p
    rn
    his conviction for second degree burglary. He contends, and the State               c3
    concedes, that his offender score should have been 12 instead of 13. The             _^
    parties also agree that the standard range is the same whether the score is 12 or
    as
    13. In such circumstances, the scoring error is harmless. State v. Arao. 
    81 Wn. App. 552
    , 569, 
    915 P.2d 1103
     (1996) (error in calculating offender score was
    harmless where standard range would be the same under proper score); State v.
    Priest. 
    147 Wn. App. 662
    , 673, 
    196 P.3d 763
     (2008). Nevertheless, because the
    incorrect judgment and sentence should be corrected, we remand solely for the
    court to correct the offender score on the judgment and sentence.
    Remanded for correction of the judgment and sentence.
    FOR THE COURT:
    )                            

Document Info

Docket Number: 71033-8

Filed Date: 2/17/2015

Precedential Status: Non-Precedential

Modified Date: 4/17/2021