Post Sentence Review Of: Adam M. Kelly ( 2021 )

Filed
Washington State
Court of Appeals
Division Two
January 26, 2021
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the Post-Sentence Review of: No. 54976-0-II
ADAM MICHAEL KELLY,
UNPUBLISHED OPINION
Respondent.
LEE, 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. Adam Michael Kelly,
Jefferson County Superior Court Cause No. 19-1-00054-16. We grant the DOC’s petition and
remand to the trial court.
Adam Kelly pleaded guilty to controlled substances homicide. In its judgment and
sentence, the trial court imposed 68 months of confinement, but struck out paragraph 4.2 pertaining
to a term of community custody. The trial court did not check any of the boxes pertaining to an
exceptional sentence.
DOC asserts that a one-year term of community custody is required for a conviction for
controlled substances homicide under RCW 9.94A.701(3)(c). Kelly responds that the trial court
intended to impose a downward exceptional term of community custody, as permitted by State v.
Hudnall, 116 Wn. App. 190, 196, 64 P.3d 687 (2003). But Kelly acknowledges that a remand is
required so that the trial court can enter written findings of fact and conclusions of law supporting
the exceptional term of community custody. State v. Friedlund, 182 Wn.2d 388, 393, 341 P.3d
280 (2015).
No. 54976-0-II
We grant DOC’s petition and remand Kelly’s judgment and sentence to the trial court to
either (1) impose a one-year term of community custody as required under RCW 9.94A.701(3) or
(2) impose a downward exceptional term of community custody and enter written findings of fact
and conclusions of law supporting the exceptional term 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.
Lee, C.J.
We concur:
Maxa, J.
Cruser, J.
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