State of Washington v. Arthur Wayne Hall

Opinion

Filed Washington State Court of Appeals Division Two

June 24, 2025 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II STATE OF WASHINGTON, No. 59185-5-II

Respondent,

v. UNPUBLISHED OPINION ARTHUR WAYNE HALL,

Appellant.

PRICE, J. — Arthur W. Hall appeals the sentence imposed following his guilty plea to

felony violation of a court order and felony harassment. The State concedes that the superior court

erred by imposing community custody. We accept the State’s concession and remand to the

superior court for further proceedings consistent with this opinion.

FACTS

On March 18, 2022, Hall pleaded guilty to one count of felony violation of a court order

and one count felony harassment. The superior court imposed 60 months on each count to be

served concurrently. The superior court also imposed “up to” 12 months of community custody

on each count with a notation stating, “[F]or any period up to the statutory maximum.” Clerk’s

Papers at 108.

Hall appeals. ANALYSIS

Hall argues that the superior court made two errors: (1) that the superior court lacked

statutory authority to impose any term of community custody for felony harassment, and (2) that No. 59185-5-II

imposition of a 12-month term of community custody for felony violation of a court order exceeds

the statutory maximum for the offense.

First, Hall argues that the superior court was not authorized to impose a term of community

custody on felony harassment. “The Sentencing Reform Act of 1981 (SRA)[1] does not authorize

a court to impose community custody for felony harassment.” State v. France, 176 Wn. App. 463,

473, 308 P.3d 812 (2013), review denied, 179 Wn.2d 1015 (2014). The State concedes the error.

We accept the State’s concession and remand to the superior court to strike the term of community

custody for the felony harassment.

Second, Hall argues that the superior court exceeded the statutory maximum for the offense

of felony violation of a court order by imposing 60 months confinement and a term of community

custody. RCW 9.94A.701(10) provides, “The term of community custody specified by this section

shall be reduced by the court whenever an offender’s standard range term of confinement in

combination with the term of community custody exceeds the statutory maximum for the crime as

provided in RCW 9A.20.021.” A 60 month term of confinement and a 12 month term of

community custody exceed the statutory maximum for felony violation of a court order. See RCW

7.105.450(4), (5) (felony violation of a court order is a class C felony); RCW 9A.20.021(1)(c)

(statutory maximum confinement for a class C felony is five years). The State concedes the current

sentence exceeds the statutory maximum. We accept the State’s concession and remand to the

superior court to either strike the term of community custody for felony violation of a court order

or resentence Hall consistent with the requirements of RCW 9.94A.701(10).

1 Ch. 9.94A RCW.

2 No. 59185-5-II

CONCLUSION

The superior court erred in its imposition of community custody as part of Hall’s sentence.

We remand to the superior court for further proceedings consistent with this opinion.

A majority of the panel having determined that this opinion will not be printed in the

Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040,

it is so ordered.

PRICE, J. We concur:

LEE, P.J.

CHE, J.