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State v. Lewis

Court of Appeals of Washington, Division 2

December 30, 2014

The State of Washington, Appellant,
v.
Adam Chief Lewis, Respondent

Appeal from Clark Superior Court. Docket No: 11-1-00815-1. Judge signing: Honorable Daniel L Stahnke. Judgment or order under review. Date filed: 01/09/2013.

Anthony F. Golik, Prosecuting Attorney, and Anne M. Cruser, Deputy, for appellant.

John A. Hays, for respondent.

Authored by Linda CJ Lee. Concurring: Lisa Worswick, Bradley A. Maxa.

OPINION

Page 1221

[185 Wn.App. 340] Lee, J.

¶ 1 The State appeals Adam Chief Lewis' sentence on two separate cases, arguing that the trial court improperly calculated the amount of credit for time served. The trial court gave Lewis (1) credit for time served that he had previously received credit for in an unrelated resolved case and (2) credit for time served on an unrelated judgment and sentence. Because Lewis received credit for time served more than once, we reverse and remand to the trial court to recalculate the amount of credit for time served.

FACTS

¶ 2 On May 13, 2011, Lewis was arrested in Clark County for numerous crimes. On May 26, 2011, Lewis was charged with first degree burglary and first degree robbery under [185 Wn.App. 341] cause number 11-1-00815-1 (burglary charges) and first degree burglary, two counts of first degree assault, two counts of first degree kidnapping, and two counts of unlawful possession of a firearm under cause number 11-1-00816-9 (assault charges). Lewis remained incarcerated in the Clark County Jail.

¶ 3 On August 10, 2011, while in pretrial incarceration for the burglary charges and assault charges, Lewis was charged with failure to register as a sex offender (cause number 11-1-01336-7). Lewis pleaded guilty to the failure to register as a sex offender charge on August 31, 2012, and was sentenced

Page 1222

to 50 months' confinement. The trial court calculated his credit for time served on the failure to register conviction starting on August 10, 2011 (387 days). Lewis began serving his sentence for the failure to register conviction on August 31, 2012.

¶ 4 Lewis pleaded guilty to the burglary charges on October 26, 2012, and pleaded guilty to the assault charges on November 5, 2012.[1] Lewis was sentenced on both the burglary charges and the assault charges on December 14, 2012. At sentencing for the burglary charges and assault charges, Lewis requested that his credit for time served be calculated based on the entire time he had been incarcerated since his original arrest on May 13, 2011 (581 days). The trial court agreed with Lewis and calculated his credit for time served at 581 days. The State filed a motion for reconsideration, which the trial court denied.

¶ 5 The State appeals the calculation of Lewis' credit for time served. The State argues that Lewis should have received credit for only the period of time from his arrest until he ...


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