No. 63750-9-I.The Court of Appeals of Washington, Division One.
November 15, 2010.
Petition for relief from personal restraint.
Granted and remanded by unpublished per curiam opinion.
PER CURIAM.
Jayson Wiggans files this personal restraint petition contending that his sentence in King County Superior Court No. 00-1-02374-6 KNT contains an unconstitutionally vague condition of community placement under State v. Bahl, 164 Wn.2d 739, 193 P.3d 678 (2008). In particular, Wiggans challenges the following condition: “(14) Do not possess or peruse pornographic materials unless given prior approval by your sexual deviancy treatment specialist and/or Community Corrections Officer. Pornographic materials are to be defined by the therapist and/or Community Corrections Officer.” He requests remand for the trial court to either strike or modify the condition.
The King County Prosecutor has conceded that the challenged condition is unconstitutionally vague under Bahl, 164 Wn.2d at 758. The State agrees that Wiggans is entitled to the relief he requests and requests remand for the trial court to amend the condition to read as follows: “Do not possess or peruse sexually explicit materials unless given prior approval by your sexual deviance treatment specialist and/or Community Custody Officer.”
We accept the concession and grant the personal restraint petition. Accordingly, the matter is remanded to the trial court for amendment of the judgment and sentence consistent wit Bahl, 164 Wn.2d at 758-62.