State Of Washington v. Donald Clarence Fortin ( 2016 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
No. 75128-0-1
Respondent,
DIVISION ONE
v.
DONALD CLARENCE FORTIN, UNPUBLISHED
Appellant. FILED:
DEC 2 7 2016
Per Curiam. Appellant Donald Fortin appeals from the judgment and sentence
entered after he pleaded guilty to one count of failing to register. The State of
Washington concedes that Fortin was misinformed of the statutory maximum sentence
before pleading guilty. See State v. Mendoza, 157 Wash. 2d 582, 591, 141 P.3d 49 (2006)
(guilty plea may be deemed involuntary when defendant is misinformed about length of
sentence). The State further concedes that Fortin was sentenced to an excessive term
of community custody. We accept the State's concessions and remand for further
proceedings to permit Fortin to withdraw his guilty plea should he so desire or for
correction of the erroneous statutory maximum sentence and term of community
custody.
Remanded for further proceedings.
FOR THE COURT: