State Of Washington v. Calvin James Herman ( 2019 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE STATE OF WASHINGTON, ) No. 79518-0-1 ) Respondent, ) ) v. ) ) CALVIN JAMES HERMAN, ) UNPUBLISHED OPINION ) Appellant. ) FILED:AUG 1 9 2019 ) PER CURIAM-Calvin Herman appeals the sentence imposed following his convictions for residential burglary and violation of a no-contact order. He contends, and the State concedes, that Herman's counsel was ineffective for telling the sentencing court it was bound by a prior court's conclusion that his prior offenses were not the same criminal conduct, see RCW 9.94A.525(5)(a)(i), and that Herman's misdemeanor judgment and sentence contains a clerical error. We accept the concession of error and remand for further proceedings consistent with this opinion. FOR THE COURT: e/r.i...,_, 1. AyLoi/utAit ly,..