Opinion
No. 60417-1-I.
September 22, 2008.
Appeal from a judgment of the Superior Court for King County, No. 06-1-09279-8, Michael S. Spearman, J., entered July 27, 2007.
UNPUBLISHED OPINION
Stanley Frazier contends the trial court had no authority to impose community custody for failing to register as a sex offender in violation of RCW 9A.44.130(11)(a). In 2006, the legislature amended several statutes related to sex offenders and the community custody requirements for failing to register as a sex offender. Because of a numbering error in adding a new subsection to the sex offender registration statute, RCW 9A.44.130, the definition of "sex offense" in RCW 9.94A.030(42)(a)(i) excluded the crime of failing to register as a sex offender for purposes of community custody. Division Two in State v. Albright, 144 Wn. App. 566, 572-73, 183 P.3d 1094 (2008) and Division Three in State v. Castillo, 144 Wn. App. 584, 590-92, 183 P.3d 355 (2008) addressed the legislature's numbering error and rejected the exact same argument that Frazier makes on appeal. See also State v. King, 111 Wn. App. 430, 436, 45 P.3d 221 (2002).
We also reject Frazier's argument in his statement of additional grounds. RCW 9A.44.130(11)(a) does not require the State to prove that Frazier was in Washington at the time of the offense.
As an alternative argument, Frazier contends the court erred by imposing a sentence that could exceed the statutory maximum. We agree and remand for clarification of the judgment and sentence. State v. Sloan, 121 Wn. App. 220, 223-24, 87 P.3d 1214 (2004); State v. Davis, No. 60228-4-I, slip op. at 8-9 (Wash.Ct.App. Sept. 15, 2008).
We affirm but remand for clarification.