Personal Restraint Petition Of George Villaluz, Jr.

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
IN THE MATTER OF THE
PERSONAL RESTRAINT OF:
GEORGE VILLALUZ, JR.,
Petitioner.
No. 73782-1-1
DIVISION ONE
UNPUBLISHED OPINION 	H
FILED: 	June 13,2016 	2T-
G
Per Curiam. 	George Villaluz pleaded guilty to three counts of delivery of 	l'_
heroin in Whatcom County Superior Court Cause No. 11-1-01164-2. 	He filed a
personal restraint petition, contending that the court imposed a sentence that
exceeds the ten-year statutory maximum on his convictions. See RCW
69.50.401; RCW 9A.20.021(b). The State concedes error.
We accept the State's concession that the trial court exceeded its
authority in sentencing Villaluz to a twelve-month term of community custody in
addition to a 120-month term of confinement. 	Because the trial court sentenced
Villaluz to a term of confinement that is equal to the statutory maximum for the
offense, the court was required under RCW 9.94A.701(9) to reduce his term of
community custody to zero. 	See State v. Boyd, 174 Wn.2d 470, 275 P.3d 321
(2012); see ajso State v. Winborne, 167 Wn. App. 320, 329, 273 P.3d 454,
review denied, 174 Wn.2d 1019 (2012).

No. 73782-1-1/2
Accordingly, we grant Villaluz's petition and remand to the trial court to
amend the community custody term consistent with RCW 9.94A.701(9).1
For the court:
"P^. 	AiJf
1 To the extent that Villaluz objects in his reply brief to the superior
court's transfer of his motion under CrR 7.8(c)(2), because we remand to
superior court for amendment of the judgment and sentence, any objection to
the initial transfer is moot.