STATE v. TIFFIN, 31849-1-II (Wash.App. 2-15-2005)

No. 31849-1-IIThe Court of Appeals of Washington, Division Two.
Filed: February 15, 2005 UNPUBLISHED OPINION

Appeal from Superior Court of Jefferson County. Docket No. 02-1-00017-2. Judgment or order under review. Date filed: 05/25/2004. Judge signing: Hon. Kenneth D Williams.

Counsel for Appellant(s), Loren Oakley, Attorney at Law, 1 Miramar Apts, 204 W Fourth St, Port Angeles, WA 98362.

Counsel for Respondent(s), Juelanne B. Dalzell, Attorney at Law, Prosecuting Attorney, PO Box 1220, Port Townsend, WA 98368-0920.

HOUGHTON, J.

Jason B. Tiffin appeals the denial of his motion to correct his sentence for first degree unlawful possession of a firearm. He contends that the trial court erroneously included his juvenile adjudications in his offender score. The State responded and conceded error, asking us to remand for resentencing. Because the State incorrectly concedes, we affirm the calculation of Tiffin’s offender score.

FACTS
Tiffin was born on October 1, 1977. In 2002, a jury convicted him of first degree unlawful possession of a firearm and resisting arrest, which occurred on January 22, 2002. In determining Tiffin’s criminal history, the trial court included as prior juvenile adjudications: (1) three counts of second degree burglary, occurring on October 24, 1993; (2) one count of second degree robbery, occurring on February 18, 1994; and (3) one count of first degree attempted assault, occurring on April 25, 1995.[1]

Adding these adjudications to Tiffin’s prior adult felony conviction, the trial court calculated an offender score of 4. Based on his offender score, the trial court sentenced him to 48 months, the top of the standard range.

In 2004, Tiffin moved to correct his sentence, arguing that his juvenile adjudications washed out under State v. Smith, 144 Wn.2d 665, 30 P.3d 1245, 39 P.3d 294 (2001), and that the trial court should not have included them in the calculation of his offender score. The trial court denied his motion and he appeals.

ANALYSIS
For offenses like Tiffin’s, committed on or after July 1, 1997 (the effective date of the 1997 amendments to Washington’s Sentencing Reform Act of 1981 (SRA)), but before June 13, 2002 (the effective date of the 2002 amendments to the SRA), an offender’s prior juvenile adjudications are included in his criminal history unless those adjudications have washed out. In the Matter of the Personal Restraint Petition of Jones, 121 Wn. App. 859, 871, 88 P.3d 424 (2004). A prior juvenile adjudication will wash out if the offender committed the underlying juvenile offense before age 15, provided that he attained age 15 before July 1, 1997. Jones, 121 Wn. App. at 871. Alternatively, a prior juvenile adjudication will wash out if the offender committed the underlying juvenile offense while age 15 or older, provided that he attained age 23 before July 1, 1997. Jones, 121 Wn. App. at 871.

Because Tiffin was 24 years of age at the time of his current offense, he contends that his prior juvenile adjudications had washed out. He is mistaken. Tiffin was age 15 or older when he committed the underlying juvenile offenses in 1993, 1994, and 1995. But he did not attain age 23 before July 1, 1997. Thus, under Jones, 121 Wn. App. at 871, and State v. Perry, 110 Wn. App. 554, 559-60, 42 P.3d 436 (2002), Tiffin’s prior juvenile adjudications had not washed out.

Because his prior juvenile adjudications had not washed out, they must be included in his criminal history. Jones, 121 Wn. App. at 871. Accordingly, the trial court did not err in denying Tiffin’s motion to correct his sentence because his prior juvenile adjudications were properly counted in his offender score.

Affirmed.

A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record pursuant to RCW 2.06.040, it is so ordered.

BRIDGEWATER, J., and HUNT, J., Concur.