Personal Restraint Petition Of Brandon Casey Pries

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of No. 51810-4-II
the Personal Restraint of
BRANDON C. PRIES,
Petitioner.
UNPUBLISHED OPINION
LEE, A.C.J. — Brandon C. Pries seeks relief from personal restraint resulting from his
2011 plea of guilty to failure to register as a sex offender - second offense under former RCW
9A.44.132(1)(b) (2010). He argues that because his prior convictions for failure to register as a
sex offender were under former RCW 9A.44.130 (2010), not under former RCW 9A.44.132, the
trial court erred in sentencing him to a class B felony under former RCW 9A.44.132(1)(b) and
instead should have sentenced him to a class C felony under former RCW 9A.44.132(1)(a)(ii).1
State v. Wilcox, 196 Wn. App. 206, 210-11, 383 P.3d 549 (2016). The State concedes that Pries
is correct and that he is entitled to be resentenced. We accept the State’s concession.
Because Pries’s prior convictions for failure to register as a sex offender were under former
RCW 9A.44.130 and not under former RCW 9A.44.132, Pries’s prior convictions do not fall under
the definition of a sex offense. Wilcox, 196 Wn. App. at 210-13. Thus, the trial court improperly
1 Because the State concedes that Pries’s judgment and sentence is facially invalid, it is not subject
to RCW 10.73.090’s time bar.
Filed
Washington State
Court of Appeals
Division Two
February 13, 2019

No. 51810-4-II
2
sentenced Pries to a class B felony and improperly imposed a registration requirement. Therefore,
we grant Pries’s petition, reverse his sentence, and remand for resentencing. We deny his request
for appointment of counsel.
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.
LEE, A.C.J.
We concur:
WORSWICK, J.
SUTTON, J.