No. 63542-5-1.The Court of Appeals of Washington, Division One.
May 3, 2010.
Appeal from a judgment of the Superior Court for King County, No. 08-1-02741-1, Michael Heavey, J., entered May 1, 2009.
Remanded by unpublished per curiam opinion.
PER CURIAM.
Richard Raymond challenges the sentence imposed after he was found guilty of intimidating a public servant, arguing the trial court exceeded its authority when it ordered Raymond to submit to a mental health evaluation and treatment as a condition of community custody. The State concedes error.
RCW 9.94A.505(9) authorizes the court to order a mental health evaluation as a condition of community custody when it follows specific procedures. “A trial court errs by ordering mental health treatment as a condition of community custody where the court has not obtained or considered a presentence report or mental status evaluation, and has not made findings that the defendant was a person whose mental illness contributed to his crimes.” State v. Lopez, 142 Wn. App. 341, 354, 174 P.3d 1216 (2007); State v. Jones, 118 Wn. App. 199, 209, 76 P.3d 258 (2003). In sentencing Raymond, the court did not make the statutorily mandated finding that he was a “mentally ill person” as defined by RCW 71.24.025, or that a mental illness influenced the crime for which he was convicted.
We accept the State’s concession of error and remand to the trial court to strike the community custody mental health condition from Raymond’s judgment and sentence.
Remanded.