State Of Washington v. Jason Ryan Mccall ( 2017 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
No. 75260-0-1
Respondent,
DIVISION ONE
V.
. JASON RYAN McCALL, UNPUBLISHED OPINION
Appellant. FILED: SEP 1 8 2017
PER CURIAM. Jason McCall appeals the sentence imposed following his
convictions for fourth degree assault with sexual motivation and second degree
child molestation. He contends, and the State concedes, that the court abused
its discretion in concluding that his prior convictions for unlawful possession of a
firearm were not the same criminal conduct. He also contends, and the State
again concedes, that the court erred in including a prior Texas conviction in his
offender score. We accept the State's concessions and remand for resentencing
on a corrected offender score. State v. Wilson, 170 Wn.2d 682, 691, 244 P.3d
950(2010)(remedy for miscalculated offender score is resentencing using
correct offender score).
Because the State concedes error on the issues raised by McCall and has
not requested costs, we need not reach McCall's request that we reject any claim
by the State for costs on appeal.
Remanded for resentencing consistent with this opinion.
For the court: