Personal Restraint Petition Of Prasoeuth Chantha

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the No. 52857-6-II
Personal Restraint of
PRASOEUTH CHANTHA,
Petitioner.
UNPUBLISHED OPINION
SUTTON, J. — Prasoeuth Chantha seeks relief from personal restraint resulting from his
2002 plea of guilty to first degree murder with a firearm enhancement.1 The trial court calculated
his offender score as 2 based on a prior adult conviction for second degree possession of stolen
property, worth 1 point, and on two prior juvenile convictions for taking a motor vehicle without
permission, worth 1/2 point each. Those juvenile convictions were for crimes he committed when
he was 14 and 15, respectively. He argues that the trial court erred by including the first juvenile
conviction in his offender score because it had washed out. The State concedes that under former
RCW 9.94A.030(12)(b) (1996) and State v. Smith, 144 Wn.2d 665, 674, 30 P.3d 1245, 39 P.3d
294 (2001), Chantha’s first juvenile conviction had washed out because he committed the crime
before he turned 15 and should not have been included in his offender score. We accept the State’s
concession.
1 Because the State concedes that Chantha’s judgment and sentence is facially invalid, it is not
subject to RCW 10.73.090’s time bar.
Filed
Washington State
Court of Appeals
Division Two
April 30, 2019

No. 52857-6-II
2
We grant Chantha’s petition and remand his judgment and sentence for resentencing with
an offender score of 1 under the rounding down rule of former RCW 9.94A.360 (1999).
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040,
it is so ordered.
SUTTON, J.
We concur:
WORSWICK, J.
LEE, A.C.J.