Personal Restraint Petition Of Kamara Kam Chouap ( 2018 )

Filed
Washington State
Court of Appeals
Division Two
June 5, 2018
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the No. 51278-5-II
Personal Restraint of
KAMARA KAM CHOUAP,
Petitioner.
UNPUBLISHED OPINION
MELNICK, J. — Kamara Chouap seeks relief from personal restraint resulting from his
2010 conviction for assault in the second degree.1 The trial court sentenced him to 120 months of
confinement and 18 months of community custody. That sentence exceeds the statutory maximum
sentence of 120 months. RCW 9A.20.021(1)(b).
Chouap argues that he is entitled to have his term of confinement reduced to 102 months
so he can be allowed to serve his 18-month term of community custody.2 The State concedes that
Chouap’s sentence exceeds the statutory maximum sentence, but that under In re Personal
Restraint of McWilliams, 182 Wn.2d 213, 218, 340 P.3d 223 (2014), Chouap is entitled only to the
1
He does not seek relief from his convictions for two counts of attempting to evade a pursuing
police vehicle.
2
Because Chouap’s judgment and sentence is facially invalid, his petition, which was transferred
to us by the trial court under CrR 7.8(b), is not time-barred by RCW 10.73.090(1).
No. 51278-5-II
addition to his judgment and sentence of a Brooks3 notation that under no circumstances shall the
combined terms of confinement and of community custody exceed the statutory maximum
sentence.
We agree with the State and remand Chouap’s judgment and sentence for addition of a
Brooks notation that under no circumstances shall the combined terms of confinement and of
community custody exceed the statutory maximum sentence.4
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.
MELNICK, J.
We concur:
JOHANSON, P.J.
SUTTON, J.
3
In re Personal Restraint of Brooks, 166 Wn.2d 664, 675, 211 P.3d 1023 (2009).
4
Because Chouap was sentenced before the legislature overruled Brooks by enacting RCW
9.94A.701(9), Brooks is applicable to him. See McWilliams, 182 Wn.2d at 218.
2