State Of Washington v. Devon James Hyson ( 2020 )

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON, ) No. 79598-8-I
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Respondent, ) DIVISION ONE
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v. ) UNPUBLISHED OPINION
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DEVON JAMES HYSON, )
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Appellant. )
PER CURIAM — Devon Hyson appeals the sentence imposed following
his convictions for two counts each of promoting prostitution and misdemeanor
violation of a court order. He contends, and the State concedes, that the
judgment and sentence contains a clerical error on count 1, erroneously
stating that the court imposed a sentence one month above the standard
range. The record supports the State’s concession. The State argues,
however, that the error is moot. It claims “[t]here were never any practical
consequences to this error because the sentence in count one ran concurrently
with [a longer] term in count three,” Hyson has already served his entire
sentence, and this court can no longer provide any relief.
Hyson argues that because the clerical error creates an exceptional
sentence above the standard range, “[a] future sentencing court could look at
that sentence and conclude Hyson’s conduct must have been severe enough
to warrant extra punishment, and so extra punishment is again deserved.”
While we think this is unlikely to occur, the potential future consequences of
No. 79598-8-I/2
an erroneous sentence have been held sufficient in some cases to overcome
a mootness claim. See State v. Raines, 83 Wash. App. 312, 315, 922 P.2d 100
(1996) (holding that defendant’s objections to court’s modification of his sentence
were not moot, even though he had served the entire modified sentence,
because the modifications could cause a future sentencing court to impose
additional demanding conditions of community placement or sway a court to
impose the high end of the standard range). Accordingly, we remand for the
court to correct the clerical error by recording a standard range sentence on
count 1.
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