State Of Washington, Respondent V. Dale Percival, Appellant

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
Respondent,
v.
DALE PERCIVAL,
Appellant.
DIVISION ONE
No. 71621-2-1
UNPUBLISHED OPINION
FILED: 	MAY 	18 2015
Per Curiam — Dale Percival appeals his conviction for first degree rape of
a child. 	He contends, and the State concedes, that an order dismissing a second
count of child rape without prejudice should have dismissed with prejudice. 	The
State argues, however, that a remand is unnecessary because the judgment and
sentence omits the words "without prejudice" when referencing the dismissal.
But this fails to unambiguously correct the error on the face of the order of
dismissal. 	We therefore remand with directions to amend the judgment and
sentence and the order of dismissal to reflect that the count was dismissed with
prejudice.
Percival's statement of additional grounds raises matters that are either
outside the record on appeal or beyond the scope of review. 	State v. Thomas,
150 Wn.2d 821, 874-75, 83 P.3d 970 (2004), abrogated in part on other grounds
by Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177
(2004) (appellate court "must defer to the trier of fact on issues of conflicting
testimony, credibility of witnesses, and the persuasiveness of the evidence");
State v. Grier, 171 Wn.2d 17, 29, 246 P.3d 1260 (2011) (matters outside the
record must be raised in a personal restraint petition).

No. 71621-2-1/2
Affirmed in part and remanded in part for the court to amend the judgment
and sentence and order of dismissal.
FOR THE COURT: 	\p*s f^^ 	CT
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