State Of Washington, Resp. vs. Donald Pitchford., App.

70407-9WashctappMay 12, 2014

Full text

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON,
Respondent,
v.
DONALD EARL PITCHFORD,
Appellant.
No. 70407-9-
UNPUBLISHED OPINION
FILED: 	MAY 1 2 2014
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Per Curiam — Donald Pitchford appeals from the exceptional sentence imposed
after a jury found him guilty of second degree assault with a deadly weapon. 	The State
concedes, and we agree, that the trial court erred in doubling the deadly weapon
sentence enhancement based on a 1984 conviction. 	See RCW 9.94A.533(4).
The State asserts that on remand "it is within the trial court's discretion to revisit
all aspects of Pitchford's sentence." Becausethe State cites no relevant authority to
support this claim, we remand solely to permit the trial court to strike the unlawful
portion of the deadly weapon enhancement.
Remanded.
FOR THE COURT:

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