State Of Washington, Respondent V. Calvin James Herman, Appellant (Majority)

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE STATE OF WASHINGTON, Respondent, v. CALVIN JAMES HERMAN, Appellant. ) ) ) ) ) ) ) ) ) ) No. 79518-0-1 UNPUBLISHED OPINION FILED:AUG 1 9 2019 PER CURIAM-Calvin Herman appeals the sentence imposed following his convictions for residential burglary and violation of a no-contact order. He contends, and the State concedes, that Herman's counsel was ineffective for telling the sentencing court it was bound by a prior court's conclusion that his prior offenses were not the same criminal conduct, see RCW 9.94A.525(5)(a)(i), and that Herman's misdemeanor judgment and sentence contains a clerical error. We accept the concession of error and remand for further proceedings consistent with this opinion. FOR THE COURT: e/r.i...,_, 1. AyLoi/utAit ly,..

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