No. 50455-0-I.The Court of Appeals of Washington, Division One.
Filed: February 18, 2003. DO NOT CITE. SEE RAP 10.4(h). UNPUBLISHED OPINION
Appeal from Superior Court of King County, No. 011100064, Hon. Ronald Kessler, May 9, 2002, Judgment or order under review.
Counsel for Appellant(s), Washington Appellate Project, Cobb Building, 1305 4th Avenue, Ste 802, Seattle, WA 98101.
Cheryl D. Aza, Washington Appellate Project, 1305 4th Ave Ste 802, Seattle, WA 98101.
Counsel for Respondent(s), Prosecuting Atty King County, King County Prosecutor/Appellate Unit, 1850 Key Tower, 700 Fifth Avenue, Seattle, WA 98104.
Robin E. Sheridan, W554 King Co Courthouse, 516 3rd Ave, Seattle, WA 98104-2312.
PER CURIAM.
Timothy Anderson appeals from the sentence imposed after a jury found him guilty of one count of forgery. He contends the sentencing court erroneously included a juvenile conviction in his offender score. We accept the State’s concession of error.
At sentencing, the court included in Anderson’s offender score a juvenile offense committed before he turned 15. Under then existing law, juvenile offenses were not included in an offender score if the offender was younger than 15 and the offense was not a sex offense. See Former RCW 9.94A.030(12)(b), 9.94A.360(4). The Legislature eliminated this rule in 1997, but the State Supreme Court recently held that the 1997 amendments do not apply to the scoring of offenses committed before the effective date of the amendment. State v. Smith, 144 Wn.2d 665, 30 P.3d 1245
(2001). Accordingly, the sentencing court erred in including the juvenile offense in Anderson’s offender score. The sentence is therefore reversed and the matter remanded for resentencing.
Reversed and remanded.