Post Sentence Review Of Shawn Dee Reite

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the Post Sentence Review of: No. 57655-4-II
SHAWN DEE REITE,
UNPUBLISHED OPINION
Respondent.
MAXA, P.J. – The Department of Corrections (DOC) petitions this court for review of the
sentence imposed on Shawn Dee Reite in October 2022. In 1990, Reite was sentenced to life
without parole. Following the Supreme Court’s decision in In re Personal Restraint of
Monschke, 197 Wn.2d 305, 482 P.3d 276 (2021), the trial court resentenced Reite to 280 months
of confinement plus 36 months of community custody. DOC argues that the trial court erred in
imposing community custody without authority.
The Supreme Court recently addressed this issue in the consolidated cases of State v.
Carter and State v. Reite, ___ Wn.3d ___, 548 P.3d 935 (2024). The court held that community
custody was not authorized for Reite’s crime of conviction. Id. at 953. Accordingly, the court
reversed the trial court’s imposition of community custody in Reite’s sentence and remanded for
the trial court to strike the community custody term. Id.
Because the Supreme Court now has resolved this issue, DOC’s petition is moot.
Therefore, we dismiss the petition.
Filed
Washington State
Court of Appeals
Division Two
July 9, 2024

No. 57655-4-II
2
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 in accordance with RCW
2.06.040, it is so ordered.
MAXA, P.J.
We concur:
GLASGOW, J.
PRICE, J.