State Of Washington, Respondent V. Nicandro Sanchez-cisneros, Appellant

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, Respondent, v. NICANDRO SANCHEZ-CISNEROS, Appellant. ) ) ) ) ) ) ) ) ) ) No. 67945-7-I DIVISION ONE UNPUBLISHED OPINION FILED: September 4, 2012 PER CURIAM. Nicandro Sanchez-Cisneros appeals his convictions for child molestation and communication with a minor for immoral purposes. He contends, and the State concedes, that the communication with a minor conviction must be vacated and dismissed because he was prosecuted after the statute of limitations for the offense expired. See RCW 9A.04.080(1)(i). The State notes that a remand for a hearing, rather than dismissal, would be the proper remedy if any basis for tolling the statute of limitations existed. The State concedes, however, that there is no basis for tolling in this case and therefore no basis for a hearing. We accept the State s concession and remand for further proceedings consistent with this opinion. Remanded for further proceedings. For the court: No. 53655-9-I/2 2

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