FILED
JANUARY 31, 2017
In the Office of the Clerk of Court
WA State Court of Appeals, Division III
II IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
STATE OF WASHINGTON, )
) No. 33551-8-111
I' Respondent, )
I )
I' V. )
)
I LOUIS HERNANDEZ-RIVERA, )
)
UNPUBLISHED OPINION
!
I
Appellant. )
!
I FEARING, C.J. -After Louis Hernandez-Rivera pied guilty to one count of
I
! possession of a controlled substance, the trial court imposed a sentence of twelve months
II of community custody. Hernandez-Rivera appeals the imposition of community custody
on the ground that the trial court relied on improper statements in violation of the real
facts doctrine. After Hernandez-Rivera filed his appeal, the Department of Corrections
determined that he was ineligible for community custody. We thus dismiss the appeal as
moot.
PROCEDURE
The State charged Louis Hernandez-Rivera with possession of Vicodin, a
controlled substance. Hernandez-Rivera pied guilty to the charge. The parties agreed on
No. 33551-8-III
State v. Hernandez-Rivera
a portion of a sentence, but not on community custody. The trial court sentenced
Hernandez-Rivera to thirty-six days of jail, with credit for thirty-six days served. The
trial court also imposed twelve months of community custody.
After Louis Hernandez-Rivera appealed, the Department of Corrections filed a
special supervision closure form with the supervision ineligibility box checked. That
section of the form read:
... The above cause has been screened and is not eligible for
supervision by DOC. Therefore, DOC has closed supervision interest in
this cause.
Clerk's Papers at 29.
LAW AND ANALYSIS
Louis Hernandez-Rivera only appeals that portion of his sentence that levies
community custody. Nevertheless, the Department of Corrections, despite the trial court
order, declines to impose community custody on Hernandez-Rivera. The Department of
Corrections holds this prerogative.
A case is moot if a court can no longer provide effective relief. In re Cross, 99
Wn.2d 373, 376-77, 662 P.2d 828 (1983). Since Louis Hernandez-Rivera will not suffer
community custody, we may not provide Hernandez-Rivera any practical relief.
CONCLUSION
We dismiss Louis Hernandez-Rivera's appeal as moot.
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No. 33551-8-III
State v. Hernandez-Rivera
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to RCW
2.06.040.
Fearing, ci
WE CONCUR:
Lawrence-Berrey, J.
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