State Of Washington, Resp. v. Milan J. Stribrny, Jr., App. ( 2015 )

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2015MAY 18 Ah II: 29
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
DIVISION ONE
Respondent,
No. 71906-8-1
v.
MILAN STRIBRNY, JR., UNPUBLISHED OPINION
Appellant. FILED: MAY 1 8 2015
Per Curiam — Milan Stribrny, Jr. appeals his convictions for malicious
mischief, making a false or misleading statement to a public servant, and
obstructing a law enforcement officer. He contends, and the State concedes,
that the non-felony obstructing conviction is not supported by sufficient evidence
because his false statements alone were insufficient to support the conviction.
State v. Williams. 171 Wash. 2d 474, 486, 251 P.3d 877 (2011). We accept the
concession of error and vacate the conviction. Stribrny also contends the court
erred in failing to enter written CrR 3.5 findings and conclusions and we must
remand for their entry. The trial court belatedly entered the findings and
conclusions, however, and Stribrny has not alleged any prejudice from their
delayed entry. Accordingly, he fails to demonstrate grounds for relief. State v.
Gaddv. 114 Wash. App. 702, 705, 60 P.3d 116 (2002), affd, 152 Wash. 2d 64, 93
P.3d 872 (2004).
Affirmed in part, reversed in part, and remanded for vacation of the
obstructing conviction.
FOR THE COURT: YYg/J^c^CA
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