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State v. Adams

September 3, 1996

STATE OF WASHINGTON, RESPONDENT,
v.
CHATAUNA ADAMS, B.D. 08-03N-78, APPELLANT.



PER CURIAM. Chatauana Adams, a juvenile, was convicted of fourth degree assault. She appeals, arguing the court relied on an improper aggravating factor when imposing the option B Disposition. The State concedes error. We accept the concession and remand for resentencing.

Following Adams' conviction, the parties appeared for Disposition. The probation counselor urged the court to impose 15 days confinement under an option B sentence Disposition. The probation counselor stated that Adams had a prior November 1993 VUCSA conviction and that a year had passed between referrals. The probation counselor also stated that in May 1994, Adams was suspended from school for bringing a gun.

The prosecutor too requested an option B Disposition, but asked the court to impose 30 days confinement because the assault was "completely unprovoked." The prosecutor stated that Adams had failed to comply with the prior VUCSA Disposition, evidenced by two modifications of that sentence. The prosecutor argued that Adams' failure to comply with the recent Disposition constituted an aggravating factor.

The court imposed an option B Disposition and 15 days confinement. The court held the Disposition was justified by the VUCSA conviction, its modifications, and by the fact that Adams was suspended from school for bringing a gun. However, the court mistakenly stated that the VUCSA conviction was entered in 1994, rather than 1993.

On appeal, Adams makes two arguments. First, she argues the court erred by failing to state an aggravating factor that justified the option B Disposition. The record does not support Adams. To the contrary, the court plainly relied on the aggravating factor urged by the prosecutor, violation of a recent Disposition, in addition to Adams' possession of a gun at school.

Adams next argues that the record does not support the option B Disposition because the court was mistaken about the date of Adams' prior conviction. The State concedes that the court stated the wrong year for the prior conviction. The State further concedes that it is impossible to determine whether the court mistakenly believed the conviction date was 1994 or whether the court simply misstated the year. Therefore, the State concedes the case should be remanded for resentencing.

We agree with this reasoning and accept the concession. We remand for resentencing.

19960903 ...


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