81135-5 | Omnilex

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
Respondent,
v.
FRANK LEE EVANS,
Appellant.
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No. 81135-5-I
DIVISION ONE
UNPUBLISHED OPINION
PER CURIAM — Frank L. Evans appeals the judgment and sentence imposed
following his 2020 resentencing for five counts of first degree assault, committed
in 2007. Evans contends that the judgment and sentence contains a scrivener’s
error, in that it imposes a fixed term of 36 months of community custody, instead
of a variable term of 24 to 48 months of community custody pursuant to the
statutes in effect at the time the offenses were committed. See State v. Schmidt,
143 Wn.2d 658, 673-74, 23 P.3d 462 (2001) (the law in effect at the time a criminal
offense is committed controls the sentence). The State concedes the error.
Accordingly, we remand with directions to correct the term of community
custody in Evans’ judgment and sentence.

No. 81135-5-I/2
2
FOR THE COURT:

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FILED
2/1/2021
Court of Appeals
Division |
State of Washington

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

STATE OF WASHINGTON, ) No. 81135-5-I
Respondent, DIVISION ONE
V. UNPUBLISHED OPINION
FRANK LEE EVANS,
Appellant. |

PER CURIAM — Frank L. Evans appeals the judgment and sentence imposed
following his 2020 resentencing for five counts of first degree assault, committed
in 2007. Evans contends that the judgment and sentence contains a scrivener’s
error, in that it imposes a fixed term of 36 months of community custody, instead
of a variable term of 24 to 48 months of community custody pursuant to the

statutes in effect at the time the offenses were committed. See State v. Schmidt,

143 Wn.2d 658, 673-74, 23 P.3d 462 (2001) (the law in effect at the tme a cnminal
offense is committed controls the sentence). The State concedes the eror.
Accordingly, we remand with directions to correct the term of community

custody in Evans’ judgment and sentence.

Citations and pinpoint citations are based on the Westlaw online version of the cited matenial.

No. 81135-5-I/2
FOR THE COURT:
Mann, C.D. Vulling
2

State Of Washington, Respondent V. Frank Lee Evans, Appellant

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