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City of Bellevue v. Hard

February 4, 1997

CITY OF BELLEVUE, APPELLANT,
v.
THOMAS HARD, RESPONDENT



Amended Opinion of December 30, 1996,

Ellington, J.

The opinion of the court was delivered by: Ellington

ORDER GRANTING MOTION FOR RECONSIDERATION IN PART AND CHANGING OPINION

The Respondent, Thomas Hard, has filed a motion for reconsideration herein. The panel has considered the motion and has determined that it should be granted in part, and that Page 6 of the opinion entered December 30, 1996 should be changed as follows:

The district court had the authority to make jail time a condition of Hard's probation, *fn2 which was what the court did. Therefore, upon revocation of his deferred sentence, Hard could be ordered to serve as much time, when added to the amount of time he had already served, as would equal the maximum term allowed for driving while intoxicated. See Parsley, 73 Wash. App. at 669. The superior court, therefore, erred when it reversed the district court's judgment and sentence on this basis.

The decision of the superior court is reversed in relevant part, and the matter is remanded to Bellevue District Court for further proceedings upon the unchallenged remainder of the superior court's order. *fn3

Now, therefore, it is hereby

ORDERED that the opinion of this court filed in the above-entitled case on December 30, 1996 is changed as set forth above. It is further

ORDERED that the remainder of the opinion shall remain the same. The opinion having been changed, further reconsideration is denied.

DATED this 4th day of February 1997.

FOR THE judges:

Ellington, ...


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