STATE v. ROSALES, 146 Wn. App. 1030 (2008)

THE STATE OF WASHINGTON, Respondent, v. JUAN ROSALES, Appellant.

No. 60241-1-I.The Court of Appeals of Washington, Division One.
August 11, 2008.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from a judgment of the Superior Court for Skagit County, No. 04-1-00615-4, John M. Meyer, J., entered June 20, 2007.

Reversed and remanded by unpublished opinion per Grosse, J., concurred in by Cox and Leach, JJ.

GROSSE, J.

Following a stipulated facts trial, Juan Rosales was found guilty of second degree trafficking in stolen property and sentenced to 43 to 57 months’ confinement, within the standard range based on an offender score of 8. At sentencing, the prosecutor presented evidence regarding four previous convictions and one current conviction which adds up to an offender score of 6. Rosales appeals, and the State concedes, that those convictions listed on the judgment and sentence add up to an offender score of 6 not 8. The State also concedes that Rosales may raise the offender scoring for the first time on appeal.

This court reviews offender score calculations de novo, as statutory interpretation is a question of law.[1] An offender score miscalculation is a sentencing error that may be raised for the first time on appeal.[2] Accordingly, we accept the State’s concession, vacate Rosales’ sentence, and remand for imposition of a correct offender score.[3]

WE CONCUR:

[1] In re Pers. Restraint of LaChapelle, 153 Wn.2d 1, 5, 100 P.3d 805 (2004).

[2] In re Pers. Restraint of Goodwin, 146 Wn.2d 861, 873-74, 50 P.3d 618 (2002).

[3] The State argues that it should be permitted to introduce new evidence regarding Rosales’ prior juvenile convictions that were omitted from the judgment and sentence. Those convictions are not in the record before us and we will not consider them on appeal.