Personal Restraint Petition Of David Wayne Elmer

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

INTHEMATTEROFTHE ) No.79718-2-I PERSONAL RESTRAINT OF: )

) DIVISION ONE

DAVID WAYNE ELMER, )

) UNPUBLISHED OPINION

Petitioner.

PER CURIAM. In 2011, David Elmer pleaded guilty to five offenses in two separate cause numbers, Snohomish County Superior Cause Nos. 10-1-01883-7 and 11-1-00143-6. With respect to his convictions for second degree identity theft in both causes, the court imposed sentences of 57 months of confinement to be followed by 12 months of community custody.

In March 2019, Elmer filed this personal restraint petition alleging, among other things, that the identity theft sentences exceed the 5-year statutory maximum. See RCW 9.35.020(3); RCW 9A.20.021(1)(c). The State concedes error. We accept the State’s concession and remand for the trial court to reduce the relevant community custody terms so that Elmer’s total sentences do not exceed the statutory maximum. RCW 9.94A.701(9) See State v. Boyd, 174 Wn.2d 470, 275 P.3d 321 (2012); see ~so State v. Winborne, 167 Wn. App. 320, 329, 273 P.3d 454, review denied, 174 . 10 9 (2012).

Forthe court:

AAJ I

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