In Re The Personal Restraint Petition Of Martoni Elviran Newton

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the
Personal Restraint Petition of
MARTONI E. NEWTON,
No. 49462-1-II
Petitioner.
UNPUBLISHED OPINION
LEE, P.J. — Martoni Newton seeks relief from personal restraint imposed following his
2015 plea of guilty to third degree assault.1 The trial court sentenced him to 57 months of
confinement and 12 months of community custody. He argues that the combination of those terms
exceeds the 60-month statutory maximum sentence for his crime. He seeks correction of his
sentence to reduce his term of community custody to 3 months. The State concedes that he is
entitled to correction of his sentence under State v. Boyd, 174 Wn.2d 470, 275 P.3d 321 (2012).
1 Newton filed a motion for relief from his judgment and sentence in the trial court. That court
transferred his motion to us under CrR 7.8(c) to be considered as a personal restraint petition.
Filed
Washington State
Court of Appeals
Division Two
March 21, 2017

No. 49462-1-II
2
We accept the State’s concession and remand Newton’s judgment and sentence to the trial
court for correction as discussed above.
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.
LEE, P.J.
We concur:
MELNICK, J.
SUTTON, J.