Personal Restraint Petition Of Nathan D. Tannert

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the Personal Restraint of
NATHAN DANIEL TANNERT,
Petitioner.
No. 55310-4-II
UNPUBLISHED OPINION
MAXA, J. – Nathan Tannert seeks relief from personal restraint imposed following his
2019 guilty plea to several felonies and gross misdemeanors, including second degree assault
with a firearm enhancement (count I). For count I, the trial court imposed a base sentence of 63
months of confinement and a 36-month firearm sentencing enhancement, plus 36 months of
community custody.
Tannert argues that his sentence is unlawful because the combination of his term of
confinement and his term of community custody, 135 months, exceeds the statutory maximum
sentence for count I, which is 120 months. RCW 9A.36.021(2) and RCW 9A.20.021(1)(b). The
State concedes error and requests that the case be remanded for the trial court to correct the term
of community custody so that it does not exceed the statutory maximum sentence.
We accept the State’s concession and remand for the trial court to correct the term of
community custody in Tannert’s judgment and sentence.
Filed
Washington State
Court of Appeals
Division Two
September 21, 2021

No. 55310-4-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, J.
We concur:
LEE, C.J.
GLASGOW, J.