No. 62490-3-I.The Court of Appeals of Washington, Division One.
April 13, 2009.
Petition for relief from personal restraint.
Granted and case remanded by unpublished per curiam opinion.
PER CURIAM.
David Miller filed a motion under CrR 7.8 in superior court challenging the calculation of his offender score in his sentence for second degree assault in King County No. 04-1-06615-4 SEA. The superior court transferred the motion to this court for consideration as a personal restraint petition and this court called for a response from the State. The State now concedes that Miller is entitled to resentencing because the trial court calculated his offender score as 9 when it should have been 8. That concession is well-taken as it appears the trial court erroneously counted a juvenile adjudication in Miller’s criminal history as an adult conviction. See RCW 9.94A.525(8). The personal restraint petition is accordingly granted and the case will be remanded for immediate resentencing.
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