STATE v. RAINEY, 150 Wn. App. 1024 (2009)

THE STATE OF WASHINGTON, Respondent, v. WILLIE LEE RAINEY, Appellant.

No. 62098-3-I.The Court of Appeals of Washington, Division One.
May 26, 2009.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from a judgment of the Superior Court for Island County, No. 08-1-00069-0, Vickie I. Churchill, J., entered July 10, 2008.

Remanded by unpublished per curiam opinion.

UNPUBLISHED OPINION
PER CURIAM.

Willie Rainey appeals his conviction and sentence of two count of violation of felony violation of a protection order, arguing that one of the convictions must be vacated. The State concedes a violation of double jeopardy under the facts of this case and agrees remand is required for vacation of one of the convictions. The concession is well-taken. State v. Borsheim, 140 Wn. App. 357, 366, 165 P.3d 417 (2007) State v. Berg, 147 Wn. App. 923, 932, 198 P.3d 529
(2008).

We accordingly remand to the trial court for vacation of one of the counts of violation of a protection order.