Personal Restraint Petition Of Timothy E. Wilder ( 2017 )

Filed
Washington State
Court of Appeals
Division Two
December 5, 2017
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the No. 50605-0-II
Personal Restraint Petition of
TIMOTHY ELISHA WILDER
UNPUBLISHED OPINION
WORSWICK, J. — Timothy Wilder seeks relief from personal restraint resulting from his
2017 plea of guilty to unlawful possession of methamphetamine. He argues that the trial court
miscalculated his offender score as 11 when it should have been 9. The State concedes that
Wilder’s offender score was miscalculated and asks that we remand his judgment and sentence for
correction. We accept the State’s concession and remand for correction of the judgment and
sentence. We do not remand for resentencing because the change of the offender score from 11 to
9 does not affect Wilder’s standard sentence range; therefore, the trial court did not exceed its
statutory sentencing authority. See RCW 9.94A.517(1), .525; In re Pers. Restraint of Toledo-
Sotelo, 176 Wn.2d 759, 767-69, 297 P.3d 51 (2013). Moreover, Wilder does not argue, and the
record does not show, that the trial court would have sentenced Wilder to a lesser term. See State
v. Kilgore, 167 Wn.2d 28, 42, 216 P.3d 393 (2009); In re Pers. Restraint of Johnson, 131 Wn.2d
No. 50605-0-II
558, 568-69, 933 P.2d 1019 (1997). We deny Wilder’s request for statutory attorney fees under
RAP 14.4 as he is a self-represented litigant and incurred no attorney fees.
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.
WORSWICK, J.
We concur:
JOHANSON, J.
MAXA, A.C.J.
2