STATE v. PIERCE, 58677-7-I (Wash.App. 6-25-2007)

THE STATE OF WASHINGTON, Respondent, v. JOSEPH JAMES PIERCE, Appellant.

No. 58677-7-I.The Court of Appeals of Washington, Division One.
June 25, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from a judgment of the Superior Court for King County, No. 04-1-12863-0, Catherine D. Shaffer, J., entered July 25, 2006.

Reversed
and remanded by unpublished per curiam opinion.

PER CURIAM.

Joseph Pierce appeals the trial court’s order revoking his Drug Offender Sentencing Alternative (DOSA) sentence and ordering him to serve the remaining nine months of his sentence in custody. The State concedes the court erred by revoking Pierce’s DOSA sentence under RCW 9.94A.660, but argues the trial court had the authority to sanction Pierce under RCW 9.94A.634, which relates to sanctions for sentence violations for all sentences, not just DOSA sentences. Nevertheless, the State agrees this court should reverse the order revoking the DOSA sentence.

Without deciding whether the court had the authority to sanction Pierce under RCW 9.94A.634, we accept the State’s concession of error under RCW 9.94A.660 and reverse the trial court’s July 24, 2006 order.

Reversed and Remanded.