Filed
Washington State
Court of Appeals
Division Two
August 22, 2017
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of No. 50078-7-II
the Post-Sentence Review of
JASON PAUL KELLEY,
Respondent.
UNPUBLISHED OPINION
WORSWICK, P.J. — The Department of Corrections (DOC) petitions this court under RCW
9.94A.585(7) to review the sentence imposed by the trial court in State v. Jason Paul Kelley, No.
15-1-04333-3, Pierce County Sup. Court. In its judgment and sentence, the trial court imposed 18
months of confinement and gave Kelley credit for 60 days of presentencing jail time. But
according to Kelley’s incarceration time credit report, he served 32 of his days in jail on DOC
sanctions. Under RCW 9.94A.505(6), the trial court shall give offenders credit for presentencing
jail time, but only “if that confinement was solely in regard to the offense for which the offender
is being sentenced.” Thus, DOC asks that we remand Kelley’s judgment and sentence to the trial
court to remove from his credit for presentencing jail time any days Kelley served in jail on DOC
sanctions.
No. 50078-7-II
DOC’s interpretation of RCW 9.94A.505(6) is correct. We grant DOC’s petition and
remand Kelley’s judgment and sentence to the trial court for it to give credit for presentencing jail
time for only those days Kelley served in confinement solely in regard to the offense for which he
was being sentenced and to remove any credit for presentencing jail time given for days Kelley
served on DOC sanctions.
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.
WORSWICK, P.J.
We concur:
LEE, J.
MELNICK, J.
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