STATE v. OFFORD, 45155-3-I (Wash.App. 1-14-2002)

No. 45155-3-I.The Court of Appeals of Washington, Division One.
Filed: January 14, 2002. DO NOT CITE. SEE RAP 10.4(h). UNPUBLISHED OPINION.

Appeal from Superior Court of King County, No. 97-1-06644-8, Hon. Sharon Armstrong, August 6, 1999, Judgment or order under review.

Counsel for Appellant(s), Nielsen Broman Associates Pllc, 810 Third Avenue, 320 Central Building, Seattle, WA 98104.

Eric Broman, Nielsen Broman Assoc. Pllc, 810 3rd Ave Ste 320, Seattle, WA 98104.

Counsel for Respondent(s), Prosecuting Atty King County, King County Prosecutor/Appellate Unit, 1850 Key Tower, 700 Fifth Avenue, Seattle, WA 98104.

Deborah A. Dwyer, King County Prosecutors Office, Appellate Unit, 1850 Key Tower 700 5th Av, Seattle, WA 98104-2312.

James M. Whisman, King County Prosecutors Office, 700 5th Ave #1850, Seattle, WA 98104.

PER CURIAM.

The only issue raised in this appeal is a challenge to the calculation of the offender score used to determine the standard range. Appellant contends that the trial court should not have included as criminal history four of his prior juvenile offenses committed before he turned 15. The case was stayed pending State v. Smith, 144 Wn.2d 665, 30 P.3d 1245
(2001). After Smith was decided, the State conceded error as to these prior convictions only. It does not appear that the other juvenile offenses used to calculate Offord’s offender score are at issue. We accept the concession of error and remand for resentencing in accord with State v. Smith.