State Of Washington, Resp. vs. A. Z., App.

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE STATE OF WASHINGTON, Respondent, v. A. Z., Appellant. ) ) ) ) ) ) ) ) ) No. 65807-7-I UNPUBLISHED OPINION FILED: May 16, 2011 Per Curiam. A.Z. appeals the disposition imposed following his conviction in juvenile court for first degree child molestation. In its oral ruling, the juvenile court stated it would impose the period of parole and sex offender treatment, both while in, and while on parole following the custodial part of the sentence. The order of disposition states in pertinent part: RESPONDENT SHALL ABIDE BY THE FOLLOWING TERMS AS DIRECTED BY THE JUVENILE PROBATION COUNSELOR: .... Other: Imposed 2 yr. period of parole, sex offender treatment (in JRA & on parole following custodial time). Clerk s Papers at 14. A.Z. contends, and the State concedes, that the court lacked authority to impose a period of parole or conditions of parole, and that only the secretary of the Department of Social and Health Services has such authority. RCW 13.40.210. The State also No. 65807-7-I/2 concedes that the court lacked authority to order sex offender treatment in JRA. We accept these concessions of error and remand with directions to strike the parole and treatment requirements quoted above from the order of disposition. Remanded for proceedings consistent with this opinion. FOR THE COURT: -2-

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