Post-sentence Review Of Shane Forrest Pate

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the No. 51362-5-II
Post-Sentence Review of
SHANE FORREST PATE,
Respondent.
UNPUBLISHED OPINION
LEE, J. — The Department of Corrections (DOC) petitions this court under RCW
9.94A.585(7) to review the sentence imposed by the trial court in State v. Shane Forrest Pate,
Pierce County Superior Court Cause No. 16-1-02912-6. Pate pleaded guilty to attempting to elude
a pursuing police vehicle (count II), bail jumping (count V), and tampering with a witness (count
VI). The trial court imposed concurrent sentences of 22 months on count II, 51 months on count
V, and 51 months on count VI. As for credit for presentencing jail time, the trial court gave Pate
credit for “199 days, less any DOC sanction time.” Post-Sentence Pet., Ex. 1 at 7.
DOC argues that this award of credit for jail time violates RCW 9.94A.505(6), under which
the trial court shall give offenders credit for presentencing jail time but only “if that confinement
was solely in regard to the offense for which the offender is being sentenced.” DOC contends that
the trial court must apply the credits against each sentence for the time spent in confinement solely
in regard to each count. It calculates that time as 204 days on count II, 117 days on count V, and
Filed
Washington State
Court of Appeals
Division Two
June 19, 2018

No. 51362-5-II
2
34 days on count VI.1 Thus, DOC asks that we remand Pate’s judgment and sentence to the trial
court to correct the credits for presentencing jail time as provided above. The State agrees with
DOC. Pate urges us to deny DOC’s petition on the grounds that it involves an issue of fact, as to
which DOC cannot seek relief under RCW 9.94A.585(7).
But here, there is no issue of fact; there is only the application of RCW 9.94A.505(6). And
DOC’s interpretation of RCW 9.94A.505(6) is correct. In re Postsentence Review of Combs, 176
Wn. App. 112, 119, 308 P.3d 763 (2013). Thus, we grant DOC’s petition and remand Pate’s
judgment and sentence to the trial court to amend the credits for presentencing jail time to 204
days for the sentence in count II, 117 days for the sentence in count V, and 34 days for the sentence
in count VI.
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, J.
We concur:
MAXA, C.J.
SUTTON, J.
1 Pate is also entitled to six days of credit for time served in the jail after sentence was imposed
but before he was transported to DOC.