STATE v. IOB, 49197-1-I (Wash.App. 6-17-2002)

No. 49197-1-I.The Court of Appeals of Washington, Division One.
Filed: June 17, 2002. DO NOT CITE. SEE RAP 10.4(h). UNPUBLISHED OPINION.

Appeal from Superior Court of King County, No. 001082670, Hon. Michael J. Fox, August 10, 2001, Judgment or order under review.

Counsel for Appellant(s), Washington Appellate Project, Cobb Building, 1305 4th Avenue, Ste 802, Seattle, WA 98101.

Gregory C. Link, Washington Appellate Project, Cobb Bldg, 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.

John B. Castleton Jr, 516 3rd Ave W554, Seattle, WA 98104.

PER CURIAM.

Mario Iob appeals the sentence imposed after he pleaded guilty to one count of second degree robbery and one count of attempting to elude a pursuing police vehicle. He contends the sentencing court erroneously included two juvenile convictions in his offender score. Iob raises identical issues in his pro se supplemental brief. The State concedes error. After reviewing the applicable law, we find the State’s concession well taken and remand for resentencing.

At sentencing, the court included in Iob’s offender score two juvenile offenses committed in 1984 and 1986. Under then existing law, juvenile offenses were not included in an offender score if the offender turned 23 before committing the current 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 two juvenile offenses in Iob’s offender score. The sentence is therefore reversed and the matter remanded for resentencing.

Reversed.