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State Concedes Maximum Jurisdiction For a Felony DUI

Posted by Kevin Trombold DUI Defense Attorney | Mar 12, 2013 | 0 Comments

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Prosecutors Concede Maximum Jurisdiction For Felony DUI
A recent unpublished Court of Appeals matter found the State Prosecutors conceding the maximum jurisdiction on a Felony DUI.  The opinion is unpublished so it has no legal authority.

Here's what the Court of Appeals said:

Jones next asserts, and the State concedes, that the trial court erred by imposing a term of community custody that exceeded the statutory maximum sentence for felony DUI, in contravention of RCW 9.94A.701(9).[26] The State's concession is well-taken.[27]The court sentenced Jones to 55 months on the felony DUI, with 12 months of community custody. Felony DUI has a statutory maximum of 60 months.[28] Although the trial court made a notation that "[c]ommunity custody will be a term . . . for a period of earned early release not to exceed the statutory maximum sentence," such a notation is not sufficient to comply with RCW 9.94A.701(9). The trial court, not the Department of Corrections, is required to reduce an offender's term of community custody to ensure that the total sentence is within the statutory maximum.[29]We affirm the conviction on all counts, but remand for correction of the community custody term in the judgment and sentence.

You can read the decision at the Court of Appeals website:

STATE OF WASHINGTON, Respondent,

v.

STEPHEN A. JONES, Appellant.

No. 67127-8-I.

Court of Appeals of Washington, Division One.

Filed: March 4, 2013.

About the Author

Kevin Trombold DUI Defense Attorney

Highly rated by former clients, who praise his warm, knowledgeable courtside manner and his fierce determination to reduce or eliminate charges. An accomplished speaker, author, and leader in DUI defense statewide Kevin is well respected by judges, prosecutors, and other attorneys across the State of Washington for his expertise, integrity, and knowledge in the complicated forensic science area of impaired driving allegations.

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