Personal Restraint Petition Of David Wayne Elmer

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
INTHEMATTEROFTHE ) No.79718-2-I
PERSONAL RESTRAINT OF: )
) DIVISION ONE
DAVID WAYNE ELMER, )
) UNPUBLISHED OPINION
Petitioner.
PER CURIAM. In 2011, David Elmer pleaded guilty to five offenses in two
separate cause numbers, Snohomish County Superior Cause Nos. 10-1-01883-7
and 11-1-00143-6. With respect to his convictions for second degree identity theft
in both causes, the court imposed sentences of 57 months of confinement to be
followed by 12 months of community custody.
In March 2019, Elmer filed this personal restraint petition alleging, among
other things, that the identity theft sentences exceed the 5-year statutory
maximum. See RCW 9.35.020(3); RCW 9A.20.021(1)(c). The State concedes
error. We accept the State’s concession and remand for the trial court to
reduce the relevant community custody terms so that Elmer’s total sentences
do not exceed the statutory maximum. RCW 9.94A.701(9) See State v. Boyd,
174 Wn.2d 470, 275 P.3d 321 (2012); see ~so State v. Winborne, 167 Wn.
App. 320, 329, 273 P.3d 454, review denied, 174 . 10 9 (2012).
Forthe court:
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