No. 50117-8-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 DO NOT CITE.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 UNPUBLISHED OPINION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. 011077461, Hon. Linda Lau, February 19, 2002, Judgment or order under review.
Counsel for Appellant(s), Nielsen Broman Koch Pllc, 810 Third Avenue, 320 Central Building, Seattle, WA 98104.
Eric J. Nielsen, Nielsen Broman Assoc. Pllc, 810 3rd Ave, Ste 320, Seattle, WA 98104-1622.
Counsel for Respondent(s), Prosecuting Atty King County, King County Prosecutor/Appellate Unit, 1850 Key Tower, 700 Fifth Avenue, Seattle, WA 98104.
Bonnie J. Glenn, Rm W554, 516 3rd Ave, Seattle, WA 98104.
PER CURIAM.
James Henderson appeals the sentence imposed following his conviction for delivery of cocaine. He contends the court’s imposition of community custody for 9 to 12 months `or for the entire period of earned early release awarded . . ., whichever is longer’ is fatally imprecise. Citing this court’s decision in State v. Nelson, 100 Wn. App. 226, 996 P.2d 651
(2000), he contends the sentencing court was required to calculate the amount of available earned early release credit and then record the potential maximum period of community custody on the judgment and sentence. Henderson’s argument is controlled by our recent decision in State v. Mitchell, No. 49496-1, 2002 WL 31859430 (filed Dec. 23, 2002) (rejecting argument that a sentence must state the maximum potential period of earned early release; `a sentence need not include this information to be definite and certain’).
Affirmed.