Personal Restraint Petition Of Joshua Cain Kellerman ( 2018 )

FILED
COURT OF APPEALS DIV I
STATE OF WASIIINGTOM
2018 OCT 22 AM 8:55
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
IN THE MATTER OF THE No. 77959-1-1
PERSONAL RESTRAINT OF:
JOSHUA CAIN KELLERMAN,
UNPUBLISHED OPINION
Petitioner. FILED: October 22, 2018
Per Curiam. In September 2013, Kellerman pleaded guilty to three counts of
felony violation of a no contact order in Whatcom County Superior Court Cause No.
13-1-100849-4. He filed a personal restraint petition, contending that the court
imposed a sentence that exceeds the five-year statutory maximum on his
convictions. See RCW 26.50.110(5), RCW 9A.20.021(1)(c). The State concedes
error.
We accept the State's concession that the trial court exceeded its authority in
sentencing Kellerman to a twelve-month term of community custody in addition to a
60-month term of confinement. Because the trial court sentenced Kellerman to a
term of confinement that is equal to the statutory maximum for the offense, the court
was required under RCW 9.94A.701(9)to reduce his term of community custody to
zero. See State v. Boyd, 174 Wn.2d 470, 275 P.3d 321 (2012); see also State v.
Winborne, 167 Wn. App. 320, 329, 273 P.3d 454.
Accordingly, we grant Kellerman's petition and remand to the trial court to
amend the community custody term consistent with RCW 9.94A.701(9).
No. 77959-1-1/2
For the court:
ira,f4ii,j 047
2