State Of Washington, Res/cross-app. v. Shawn Lee Schulze, App/cross-res. ( 2015 )


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  •     IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
    STATE OF WASHINGTON,
    )    No. 72418-5-1                       f-3   kJ") c~
    Respondent,                                                     CXI   1:>, ~v
    DIVISION ONE
    v.
    SHAWN L. SCHULZE,                                UNPUBLISHED OPINION
    S!    'X-'--'
    Appellant.             i    FILED:     JUN 1 5 2015
    CO      ::•—:
    Per Curiam — Shawn Schulze appeals the sentence imposed following his guilty
    pleas to 21 counts of first degree identity theft, two counts of attempted first degree
    identity theft, and two counts of second degree identity theft. He contends, and the
    State concedes, that his sentence on the attempted first degree identity theft convictions
    exceeds the statutory maximum sentence and must be reduced to 60 months without
    community custody. RCW 9A.28.020(3)(c); RCW 9.94A.411(2); In re Postsentence
    Review of Leach, 
    161 Wash. 2d 180
    , 
    163 P.3d 782
    (2007). Schulze also contends, and
    the State again concedes, that his total sentence on the Second Degree Identity Theft
    counts exceeds the statutory maximum and must be remanded for imposition of a
    sentence within the statutory maximum and consistent with State v. Boyd, 
    174 Wash. 2d 470
    , 
    275 P.3d 321
    (2012. We accept the concessions of error and remand for further
    proceedings consistent with this opinion.
    FOR THE COURT:                        £pxJ.
    

Document Info

Docket Number: 72418-5

Filed Date: 6/15/2015

Precedential Status: Non-Precedential

Modified Date: 6/15/2015