In Re The Post Sentence Review Of: Marcus Church ( 2019 )

Filed
Washington State
Court of Appeals
Division Two
February 13, 2019
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the No. 52011-7-II
Post-Sentence Petition of
MARCUS ALAN CHURCH,
Respondent.
UNPUBLISHED OPINION
MAXA, C.J. — The Department of Corrections (DOC) petitioned this court under RCW
9.94A.585(7) to review the sentence imposed by the trial court in State v. Marcus Alan Church,
Lewis County Superior Court Cause No. 17-1-00650-21.
In its judgment and sentence, the trial court imposed 36 months of community custody as
part of Church’s sentence for attempted failure to register as a sex offender. DOC asserts that
attempted failure to register as a sex offender is not a sex offense for which community custody
can be imposed under RCW 9.94A.702(1).
In Postsentence Review of Thompson, we held that DOC is correct and that attempted
failure to register as a sex offender does not qualify for the imposition of community custody. 6
Wn. App. 2d 64, 73, 429 P.3d 545 (2018). Accordingly, we grant DOC’s petition and remand
No. 52011-7-II
Church’s judgment and sentence to the superior court to strike the imposition of community
custody.
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.
MAXA, C.J.
We concur:
WORSWICK, J.
MELNICK, J.
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