No. 27071-4-II.The Court of Appeals of Washington, Division Two.
Filed: December 21, 2001. UNPUBLISHED OPINION
Appeal from Superior Court of Thurston County, No. 001014141, Hon. Gary R. Tabor, December 5, 2000, Judgment or order under review.
Counsel for Appellant(s), Thomas E. Doyle, Attorney At Law, P.O. Box 510, Hansville, WA 98340-0510.
Counsel for Respondent(s), Steven C. Sherman, Thurston Co Dep Pros Atty, 2000 Lakeridge Dr SW, Olympia, WA 98502.
HOUGHTON, J.
Miguel Ortega-Lopez pleaded guilty to the charge of vehicular homicide. At the plea hearing, Ortega-Lopez acknowledged that he understood the crime to be a class B felony with a maximum sentence of 10 years imprisonment and/or a $20,000 fine. Report of Proceedings at 7. Ortega-Lopez appeals his judgment and sentence, arguing that his plea is invalid because the trial court improperly advised him of the class and maximum sentence for the crime. We reverse and remand.
Vehicular homicide is a class A felony. RCW 46.61.520(2). Thus, under RCW 9A.20.021, the maximum sentence is life imprisonment and/or a $50,000 fine. RCW 9A.20.021(a). As Ortega-Lopez contends and the State correctly concedes, the trial court improperly advised Ortega-Lopez of a direct consequence of his guilty plea, the class and maximum sentence for vehicular homicide. Due process requirements in the federal and state constitutions require a defendant to enter a guilty plea voluntarily and intelligently. See State v. Walsh, 143 Wn.2d 1, 7, 17 P.3d 591 (2001). A plea is voluntary only if the defendant made it with knowledge of the direct consequences of the plea. CrR 4.2(d); State v. Ross, 129 Wn.2d 279, 284, 916 P.2d 405 (1996). A trial court must allow withdrawal of a guilty plea in order to correct a manifest injustice, and an involuntary plea is such an injustice. CrR 4.2(f); Walsh, 143 Wn.2d at 6.
Ortega-Lopez is entitled to withdraw his guilty plea. Ortega-Lopez’s judgment and sentence are reversed and vacated, and the matter is remanded for further proceedings consistent with this opinion.
A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record pursuant to RCW 2.06.040, it is so ordered.
BRIDGEWATER, J. and HUNT, A.C.J., concur.