State Of Washington v. John Lloyd Kirk

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

STATE OF WASHINGTON, ) No. 71865-7-1 1—> e/>o Respondent, -ic

) DIVISION ONE t— I. •

v. *i£ o^i ) UNPUBLISHED OPINION cn JOHN LLOYD KIRK, 2>-6 x»» com IS 3c>~- «-w— :e«~ Appellant. ) FILED: JUN x 5 2015 o •-*

••• O—: cn =r<:

Per Curiam — John Kirk appeals from the judgment and sentence entered

following his conviction for attempted rape of a child in the second degree. The State

concedes that Kirk was misinformed of the maximum penalty for his offense and that he

therefore did not knowingly waive his constitutional right to counsel.1 See State v. Silva,

108 Wn. App. 536, 540-41, 31 P.3d 729 (2001). We accept the State's concession,

reverse the conviction, and remand for further proceedings. Accordingly, we do not

address Kirk's motion to extend the time to file a statement of additional grounds for

review.

Reversed and remanded.

FOR THE COURT:

CutjT* ^t,SU^v^ag^>^ "7~n

1The judge who granted Kirk's motion to proceed pro se was not the judge who signed the judgment and sentence.