Personal Restraint Petition Of Richard Lee Scales ( 2014 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
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IN THE MATTER OF THE CD
PERSONAL RESTRAINT OF: ) No. 71888-6-1 C3~„
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RICHARD LEE SCALES, ' DIVISION ONE
Petitioner. UNPUBLISHED OPINION V?
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FILED: October 20, 2014
Per Curiam. Richard Scales challenges his judgment and sentence in King
County Superior Court No. 09-1-06193-5 SEA, claiming his term of confinement in
combination with his term of community custody exceeds the applicable statutory
maximum for count III, third degree assault. On April 9, 2010, the trial court imposed
standard range sentences of 116 months for first degree unlawful possession of a
firearm, 84 months for residential burglary, and 60 months for third degree assault. The
court also imposed a community custody term of 12 months for a crime against person
under RCW 9.94A.411, which could apply only to the third degree assault.
We accept the State's concession that the trial court exceeded its authority in
sentencing Scales to a term of community custody in addition to a standard range term
of confinement of 60 months for third degree assault. See RCW 9.94A.701(9).
Because Scales was sentenced in April 2010, the trial court, not Department of
Corrections, has the obligation to reduce the term of community custody to avoid a
sentence in excess of the statutory maximum. 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, review
No. 71888-6-1/2
denied, 174 Wn.2d 1019 (2012). Accordingly, we remand to the trial court to amend the
community custody term consistent with RCW 9.94A.701(9) to zero. See Boyd, 174
Wn.2d at 473.
Remanded.
For the court: