Personal Restraint Petition Of Michael James Canty

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In re the Matter of the
Personal Restraint Petition of
No. 48418-8-II
MICHAEL JAMES CANTY,
Petitioner.
UNPUBLISHED OPINION
MAXA, J. — Michael Canty seeks relief from personal restraint imposed following his
convictions in 2001 of indecent liberties, first degree burglary, and second degree robbery. He
argues that his judgment and sentence is facially invalid because it gives him credit for 161 days
served when he actually served 173 days.
The State concedes that Canty’s judgment and sentence misstates the amount of credit for
time served and states that he is entitled to credit for 184 days served. It further concedes that
Canty’s judgment and sentence is facially invalid and is not subject to the time bar contained in
RCW 10.73.090(1). The State asks that we remand Canty’s judgment and sentence for correction
of the amount of credit for time served.
We accept the concession and grant Canty’s personal restraint petition. We remand his
judgment and sentence to the trial court to be corrected as described above.
Filed
Washington State
Court of Appeals
Division Two
June 28, 2016

No. 48418-8-II
2
Canty also requests relief in the form of compelling the end of sentence review committee
to change its narrative about his criminal history. This request is beyond the scope of this petition
and is therefore denied.
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.
MAXA, J.
We concur:
BJORGEN, C.J.
SUTTON, J.