State Of Washington v. John Lloyd Kirk ( 2015 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
) No. 71865-7-1
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) UNPUBLISHED OPINION cn
JOHN LLOYD KIRK, 2>-6
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Appellant. ) FILED: JUN x 5 2015 o
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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 Wash. 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:
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1The judge who granted Kirk's motion to proceed pro se was not the judge who signed the judgment and
sentence.