State Of Washington, Respondent V. Mark Jujuan Paul, Appellant

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON,
Respondent,
v.
MARK JUJUAN PAUL,
Appellant.
No. 80569-0-I
DIVISION ONE
UNPUBLISHED OPINION
PER CURIAM — Mark Paul pleaded guilty to first degree robbery with a
firearm enhancement and unlawful possession of a firearm, committed when he
was 19 years old. At sentencing, he requested an exceptional sentence below
the standard range based on his youthfulness. With regard to the base
sentence, the trial court imposed a concurrent sentence of 27 months for the
robbery and 27 months for the firearm, which was below the standard range. But
with regard to the firearm enhancement, the trial court imposed a consecutive 60
month firearm enhancement, concluding that it did not have the authority to reduce
the enhancement or run it concurrently with the base sentence.
Paul contends that the trial court failed to recognize its discretion to reduce
the length of the firearm enhancement or run it concurrently with the base
sentence as part of an exceptional sentence based on his youth. But, as this
court recently held in State v. Mandefero, 14 Wn. App. 2d 825, 828, 473 P.3d
1239 (2020), “[t]rial courts do not have the discretion to impose an exceptional

No. 80569-0-I/2
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sentence downward for firearm enhancements when the offender is not a
juvenile at the time they commit the crime.”
Paul additionally contends that the trial court erred in imposing a lifetime
no-contact order with all Safeway stores in Washington, as Safeway was neither
the victim of or witness to the crimes. Paul also argues that the judgment and
sentence erroneously requires him to pay the costs of supervision when the trial
court’s oral ruling clearly indicated it did not intend to impose such a requirement.
The State concedes both errors.
We accept the State’s concessions, and remand for the trial court to
correct the errors with regard to the no-contact order and the costs of
supervision. In all other respects, we affirm.