State Of Washington, Respondent V. Taylor Norton, Appellant

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON
Respondent,
v.
TAYLOR JACOB NORTON,
Appellant.
No. 87879-4-I
DIVISION ONE
UNPUBLISHED OPINION
PER CURIAM — Taylor Norton appeals the felony judgement and sentence
entered after he pleaded guilty to 23 crimes, including identity theft in the second
degree. For ten counts of identity theft in the second degree, the court imposed a
sentence of 57 months of confinement followed by 12 months of community custody.
The court also imposed a no-contact order for a maximum term of 10 years for named
victims of Norton’s crimes. Norton argues that the judgment and sentence contains
three errors; the State concedes all three.
First, Norton argues that the combined term of confinement and community
custody for the identity theft in the second-degree convictions, class C felonies, exceeds
the statutory maximum term of confinement. Second-degree identity theft is a class C
felony, RCW 9.35.020(3), and the statutory maximum term of confinement for class C
felonies is 60 months, RCW 9A.20.021(1)(c). The court’s combined sentence of 57
months of confinement followed by 12 months of community custody exceeds the
statutory maximum by nine months. Norton’s term of community custody must be

No. 87879-4-I/2
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reduced to three months to bring the combined term to the statutory maximum. See
RCW 9.94A.701(10) (providing that the term of community custody shall be reduced
when, combined with the term of confinement, it exceeds the statutory maximum).
Second, Norton argues that the 10-year no-contact term in paragraph 4.5 of the
judgment and sentence exceeded the statutory maximum as to named victims Mehgan
Sichel, Stephen Sichel, Leonil Lelis and Patrick Bello. Those four individuals were
victims of Norton’s class C felonies, which carry a statutory maximum of five years.
RCW 9A.20.021(1)(c). A no-contact order may not exceed the statutory maximum of the
crime. State v. Nielsen, 14 Wn. App. 2d 466, 453, 471 P.3d 257 (2020). The no-contact
term as to these four individuals must be reduced to five years.
Last, 	Norton 	notes 	that 	the 	judgment 	and 	sentence 	incorrectly 	states 	in
paragraph 2.4 that the maximum term and fine for second-degree identity theft is 10
years and $20,000. The correct maximum term and fine is five years and $10,000. RCW
9.35.020(3); RCW 9A.20.021(1)(c). The judgment and sentence must be corrected
accordingly.
We accept the State’s concessions and remand to the superior court solely to
correct the identified errors in the judgment and sentence.
FOR THE COURT: