State Of Washington, Resp. vs. Frank Olsen, App.

State: Washington

Docket No: 67007-7

Case Date: 02/21/2012

DO NOT CITE. SEE GR 14.1(a).

Court of Appeals Division I
State of Washington

Opinion Information Sheet

Docket Number:	67007-7
Title of Case:	State Of Washington, Resp. vs. Frank Olsen, App.
File Date:	02/21/2012

SOURCE OF APPEAL
----------------

Appeal from Whatcom County Superior Court
Docket No:	08-1-00698-3
Judgment or order under review
Date filed:	03/18/2011
Judge signing:	Honorable Charles Russell Snyder

JUDGES
------

Authored by	Ronald Cox
Concurring:	Anne Ellington
	Ann Schindler

COUNSEL OF RECORD
-----------------

Counsel for Appellant(s)
	Washington Appellate Project
	Attorney at Law
	1511 Third Avenue
	Suite 701
	Seattle, WA, 98101

	Marla Leslie Zink
	Washington Appellate Project
	1511 3rd Ave Ste 701
	Seattle, WA, 98101-3647
Counsel for Respondent(s)
	Hilary A. Thomas
	Whatcom County Prosecutors Office
	311 Grand Ave Ste 201
	Bellingham, WA, 98225-4038

			

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
                                      DIVISION ONE

STATE OF WASHINGTON,                        )       No. 67007-7-I
                                            )
                      Respondent,           )
                                            )
          v.                                )
                                            )
FRANK HENRY OLSEN,                          )       UNPUBLISHED OPINION
                                            )
                      Appellant.            )       FILED:  February 21, 2012
                                            )

       PER CURIAM.  Frank Olsen appeals the sentence imposed following his guilty 

plea to one count of third degree rape of a child.  The court imposed 34 months of 

confinement and 36 months of community custody.  Olsen contends, and the State

concedes, that the combination of confinement and community custody exceeds the 60-
month statutory maximum for his offense and therefore violates RCW 9.94A.701(9).1

        We accept the concession of error and remand for the court to amend the 

sentence consistent with the statute, State v. Franklin, 172 Wn.2d 831, 263 P.3d 585 

(2011), and In re Pers. Restraint of Brooks, 166 Wn.2d 664, 211 P.3d 1023 (2009).  

We need not decide whether, as the parties suggest, the court on remand is 

constrained to reduce the community custody term to 26 months or whether it can 

render its sentence lawful by the addition of language limiting the total sentence to the 

       1 RCW 9.94A.701(9) provides in part that "the term of community custody . . .
shall be reduced by the court whenever an offender's standard range term of 
confinement in combination with the term of community custody exceeds the statutory 
maximum for the crime." 

No. 67007-7-I/2

statutory maximum.  See Franklin, 172 Wn.2d at 839.  

       Remanded for proceedings consistent with this opinion.

                                                    FOR THE COURT:

                                                2