State Of Washington, Respondent V. Franck Oyenga, Appellant

State: Washington

Docket No: 67063-8

Case Date: 01/30/2012

DO NOT CITE. SEE GR 14.1(a).

Court of Appeals Division I
State of Washington

Opinion Information Sheet

Docket Number:	67063-8
Title of Case:	State Of Washington, Respondent V. Franck Oyenga, Appellant
File Date:	01/30/2012

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

Appeal from King County Superior Court
Docket No:	10-1-06052-5
Judgment or order under review
Date filed:	03/28/2011
Judge signing:	Honorable Susan Craighead

JUDGES
------

Authored by	Marlin Appelwick
Concurring:	Mary Kay Becker
	J. Robert Leach

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

Counsel for Appellant(s)
	Nielsen Broman Koch PLLC
	Attorney at Law
	1908 E Madison St
	Seattle, WA, 98122

	David Bruce Koch
	Nielsen Broman & Koch PLLC
	1908 E Madison St
	Seattle, WA, 98122-2842
Counsel for Respondent(s)
	Prosecuting Atty King County
	King Co Pros/App Unit Supervisor
	W554 King County Courthouse
	516 Third Avenue
	Seattle, WA, 98104

	Bridgette Eileen Maryman
	King County Prosecutor's Office
	W554 King County Courthouse
	516 3rd Ave
	Seattle, WA, 98104-2385

			

  IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

STATE OF WASHINGTON,
                                                 )         No. 67063-8-I
                      Appellant,                 )
                                                 )         DIVISION ONE
              v.                                 )
                                                 )         UNPUBLISHED OPINION
FRANCK OYENGA,                                   )

                      Respondent.                )         FILED:  January 30, 2012

                                                 )
                                                 )
                                                 )

       Per Curiam  --  Franck Oyenga appeals from his conviction for one count of 

delivering cocaine.  He contends  --  and the State concedes  --  that the trial court 

erred in imposing mental health treatment as a condition of community custody.  A 

trial court may order a mental health evaluation and recommended treatment as a 

condition of community custody only if "the court finds, based on a presentence 

report and any applicable mental status evaluations, that the offender suffers from 

a mental illness which influenced the crime."       State v. Jones, 118 Wn.App. 199, 

202, 76 P.3d 258 (2003).     The State concedes "there was no presentence report 

for the trial court to consider and the court did not make the requisite findings."  

We accept the concession and remand with directions to strike the mental health  

No. 67063-8-I/2

evaluation/treatment condition from Oyenga's sentence.  State v. Lopez, 142 Wn. 

App. 341, 353-54, 174 P.3d 1216 (2007).

       Remanded.

       FOR THE COURT:

                                                2