Personal Restraint Petition Of Brandon Casey Pries ( 2019 )


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  •                                                                                                  Filed
    Washington State
    Court of Appeals
    Division Two
    February 13, 2019
    IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
    DIVISION II
    In the Matter of                                                   No. 51810-4-II
    the Personal Restraint of
    BRANDON C. PRIES,
    Petitioner.
    UNPUBLISHED OPINION
    LEE, A.C.J. — Brandon C. Pries seeks relief from personal restraint resulting from his
    2011 plea of guilty to failure to register as a sex offender - second offense under former RCW
    9A.44.132(1)(b) (2010). He argues that because his prior convictions for failure to register as a
    sex offender were under former RCW 9A.44.130 (2010), not under former RCW 9A.44.132, the
    trial court erred in sentencing him to a class B felony under former RCW 9A.44.132(1)(b) and
    instead should have sentenced him to a class C felony under former RCW 9A.44.132(1)(a)(ii).1
    State v. Wilcox, 
    196 Wn. App. 206
    , 210-11, 
    383 P.3d 549
     (2016). The State concedes that Pries
    is correct and that he is entitled to be resentenced. We accept the State’s concession.
    Because Pries’s prior convictions for failure to register as a sex offender were under former
    RCW 9A.44.130 and not under former RCW 9A.44.132, Pries’s prior convictions do not fall under
    the definition of a sex offense. Wilcox, 196 Wn. App. at 210-13. Thus, the trial court improperly
    1
    Because the State concedes that Pries’s judgment and sentence is facially invalid, it is not subject
    to RCW 10.73.090’s time bar.
    No. 51810-4-II
    sentenced Pries to a class B felony and improperly imposed a registration requirement. Therefore,
    we grant Pries’s petition, reverse his sentence, and remand for resentencing. We deny his request
    for appointment of counsel.
    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 in accordance with RCW 2.06.040,
    it is so ordered.
    LEE, A.C.J.
    We concur:
    WORSWICK, J.
    SUTTON, J.
    2
    

Document Info

Docket Number: 51810-4

Filed Date: 2/13/2019

Precedential Status: Non-Precedential

Modified Date: 2/13/2019