No. 58326-3-I.The Court of Appeals of Washington, Division One.
June 25, 2007.
Appeal from a judgment of the Superior Court for King County, No. 06-1-01346-4, Michael S. Spearman, J., entered May 8, 2006.
Remanded by unpublished per curiam opinion.
PER CURIAM.
Tineimalo Taua appeals the sentence imposed following his guilty pleas to second degree assault and two counts of violation of a court order. His challenge to the portion of his sentence requiring him to give a biological sample for the collection of his DNA is controlled by the State Supreme Court’s recent decision in State v. Surge, ___ Wn.2d ___, 156 P.3d 208 (2007). He also contends, and the State concedes, that the judgment and sentence contains a clerical error regarding his offender score. The concession is well taken. Accordingly, we remand for amendment of the judgment and sentence to reflect an offender score of zero.