State Of Washington v. Raymond Allan Elliot

• Court: Court of Appeals of Washington
• Decided: February 17, 2015
• Docket: 71033-8
• Status: Unpublished

Opinion

IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON

STATE OF WASHINGTON, DIVISION ONE Respondent, No. 71033-8-1 v.

UNPUBLISHED OPINION RAYMOND ELLIOTT,

Appellant. FILED: FEB 1 7 2015

PER CURIAM - Raymond Elliott appeals the sentence imposed following Si >- -n p rn his conviction for second degree burglary. He contends, and the State c3

concedes, that his offender score should have been 12 instead of 13. The _^

parties also agree that the standard range is the same whether the score is 12 or as 13. In such circumstances, the scoring error is harmless. State v. Arao. 81 Wn.

App. 552, 569, 915 P.2d 1103 (1996) (error in calculating offender score was

harmless where standard range would be the same under proper score); State v.

Priest. 147 Wn. App. 662, 673, 196 P.3d 763 (2008). Nevertheless, because the

incorrect judgment and sentence should be corrected, we remand solely for the

court to correct the offender score on the judgment and sentence.

Remanded for correction of the judgment and sentence.

FOR THE COURT:

)

Oak, J y