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IN RE CHILDERS

No. 24835-6-III.

143 P.3d 831 (2006)

In the Matter of the Post Sentence Review of Nicholas Dean CHILDERS.

Court of Appeals of Washington, Division 3.

Publication Ordered and Amended on Denial of Reconsideration September 28, 2006.

Attorney(s) appearing for the Case

Ronda D. Larson, Attorney at Law, Olympia, WA, for Appellant.

Dennis W. Morgan, Attorney at Law, Ritzville, WA, Gregory L. Zempel, Mark D. McClain, Kittitas Co. Prosecutor's Office, Ellensburg, WA, for Appellant.

KATO, J.

¶ 1 The court sentenced Nicholas Childers to 9-18 months community custody for residential burglary. The Department of Corrections (DOC) contacted all parties asking that the sentence be amended because Mr. Childers was not eligible for community custody. DOC filed this petition when the parties failed to act. We grant the petition and remand for resentencing.

¶ 2 Mr. Childers pleaded guilty to residential burglary. On October 6, 2005, the...

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