State Of Washington v. John Matthew Lair

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON ) No. 79873-1-I
)
Respondent, ) DIVISION ONE
)
v.
)
JOHN MATTHEW LAIR, )
) UNPUBLISHED OPINION
Appellant.
_____________________________ ) FILED: December23, 2019
PER CURIAM — John Lair appeals the term of supervised probation
imposed following his guilty plea to attempted voyeurism. He contends, and the
State concedes, that the sentencing court lacked authority to impose DOC
supervision for attempted voyeurism. ~ RCW 9.94A.501 (1) and (6); In re
Childers, 135 Wn. App. 37, 40-41, 143 P.3d 831 (2006). In its concession, the
State adds that “[p]er the judgment and sentence, the term of supervised
probation should be converted to unsupervised probation.” In his reply, Lair
accepts the State’s concession.
Lair also requests remission or a refund of any funds DOC collected from
him in relation to the unauthorized supervision. See RCW 9.94A.780. Lair is
entitled to be placed in the same position he would have been in had the error in
his sentence not occurred. State v. Smissaert, 103 Wn.2d 636, 638, 694 P.2d
654 (1985).
No. 79873-1-1/2
We accept the State’s concession and remand with directions to convert
the term of DOC supervised probation to unsupervised probation and to order
DCC to refund any funds collected from Lair for supervision intake, monthly
supervision fees, or any other funds related to the term of unauthorized
supervision.
FOR THE COURT: /1/1/)
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