STATE v. WOODRING, 151 Wn. App. 1056 (2009)

No. 62639-6-I.The Court of Appeals of Washington, Division One.
August 24, 2009.

Appeal from a judgment of the Superior Court for King County, No. 08-1-02345-8, Jim Rogers, J., entered October 16, 2008.

Remanded by unpublished per curiam opinion.

UNPUBLISHED OPINION
PER CURIAM.

George Woodring appeals the sentence imposed following his conviction of felony failure to register as a sex offender. He contends that the combination of 50 months confinement and 36-48 months of community custody exceeds the 60-month maximum sentence for his offense. Woodring contends we should remand for resentencing. Consistent with State v. Linerud, 147 Wn. App. 944, 197 P.3d 1224 (2008), the State conceded error.

After the State conceded error, our Supreme Court addressed the identical issue in In re Pers. Restraint of Brooks, No. 80704-3, 2009 WL 2182745 (Wash., July 23, 2009) holding that:

when a defendant is sentenced to a term of confinement and community custody that has the potential to exceed the statutory maximum for the crime, the appropriate remedy is to remand to the trial court to amend the sentence and explicitly state that the combination of confinement and community custody shall not exceed the statutory maximum.

Brooks, slip op. at 11-12. When clarified in this manner, a sentence does not exceed the statutory maximum and is not indeterminate or otherwise invalid. Brooks, slip op. at 11; see also State v. Sloan, 121 Wn. App. 220, 223, 87 P.3d 1214 (2004).

Accordingly, we accept the State’s concession in part and remand this matter to the trial court solely for entry of an amended judgment and sentence in accordance with Brooks
that expressly states the combination of confinement and community custody shall not exceed the statutory maximum.

Remanded.

For the court:

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