State Of Washington, Respondent V. Daryl Spencer Hart, Appellant

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE STATE OF WASHINGTON, ) ) Respondent, ) ) v. ) ) DARYL S. HART, ) ) Appellant. ) ________________________________) No. 65166-8-I UNPUBLISHED OPINION FILED: December 20, 2010 Per Curiam Daryl Hart pleaded guilty in January 2010 to a first degree murder committed in August 1984. At sentencing, the court calculated Hart s offender score on the basis of a 1981 second degree robbery conviction. The court also imposed a term of community placement. We accept the State s concession that the 1981 robbery conviction washed out and should not have been included in Hart s offender score and that Hart s conviction for the 1984 murder was not subject to community placement. Accordingly, we reverse Hart s sentence and remand for resentencing based on an No. 65166-8-I/2 offender score of 0 and without a term of community placement. Reversed and remanded. FOR THE COURT: 2

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