Filed
Washington State
Court of Appeals
Division Two
July 24, 2018
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the No. 51757-4-II
Postsentence Review of
JACOB DAVID HOLMGREN,
Respondent.
UNPUBLISHED OPINION
BJORGEN, 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. Jacob David Holmgren,
Lewis County Superior Court Cause No. 17-1-00639-21. In its judgment and sentence, the trial
court imposed 12 months and 1 day of confinement and gave Holmgren credit for 12 days of
presentencing jail time. Holmgren however spent those 12 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 Holmgren’s judgment and sentence to the trial court to remove
his credit for presentencing jail time. Holmgren and the State urge us to deny DOC’s petition
because the 12 days of credit for time served was a negotiated element of the plea agreement, the
amount of credit is de minimus, and DOC is only “technically correct” about the application of
RCW 9.94A.505(6).
No. 51757-4-II
Technical though it may be, DOC’s interpretation of RCW 9.94A.505(6) is correct. In re
Postsentence Review of Combs, 176 Wn. App. 112, 119, 308 P.3d 763 (2013). Further, the parties
cannot enter into an illegal plea agreement. State v. Barber, 170 Wn.2d 854, 872-73, 248 P.3d 494
(2011). While we grant DOC’s petition, we cannot simply remand Holmgren’s judgment and
sentence to the trial court to remove the credit for presentencing jail time given for days Holmgren
served on DOC sanctions. Because this was a negotiated plea agreement, the proper remedy is to
remand to the trial court for further proceedings, including the possibility of Holmgren moving to
withdraw his plea. Barber, 170 Wn.2d at 872-73.
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.
BJORGEN, J.
We concur:
JOHANSON, P.J.
SUTTON, J.
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