STATE v. RODRIGUEZ, 47509-6-I (Wash.App. 10-15-2001)

STATE OF WASHINGTON, Respondent v. JOSE GARZA RODRIGUEZ, Appellant.

No. 47509-6-I.The Court of Appeals of Washington, Division One.
Filed: October 15, 2001. DO NOT CITE. SEE RAP 10.4(h). UNPUBLISHED OPINION.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from Superior Court of Whatcom County, No. 99-1-00411-9, Hon. David S. Nichols, October 24, 2000, Judgment or order under review.

Counsel for Appellant(s), Washington Appellate Project, Cobb Building, 1305 4th Avenue, Ste 802, Seattle, WA 98101.

Thomas M. Kummerow, Washington Appellate Project, Cobb Bldg, 1305 4th Ave Ste 802, Seattle, WA 98101.

Counsel for Respondent(s), David S. McEachran, Whatcom County Prosecuting Attorney, 311 Grand Ave, Bellingham, WA 98225-4048.

Laura D. Hayes, Whatcom County Prosecutor’s Office, Whatcom County Pros Ofc, 311 Grand Ave, Bellingham, WA 98225.

PER CURIAM.

Jose Rodriquez contends the trial court lacked the authority to sentence him to a one term of community supervision in addition to his one year jail term for the gross misdemeanor of third degree theft. The State has conceded error.

We accept the concession of error. The matter is remanded for resentencing without the term of community supervision.