Filed
Washington State
Court of Appeals
Division Two
December 5, 2017
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the No. 50324-7-II
Personal Restraint Petition of
ANDREW CRAIG SKYBERG.
UNPUBLISHED OPINION
JOHANSON, J. — Andrew Skyberg seeks relief from personal restraint resulting from his
2017 plea of guilty to second degree assault while armed with a firearm (count I) and first degree
unlawful possession of a firearm (count II). The trial court imposed the following terms of
confinement: 84 months, plus a 36-month firearm enhancement on count I, and 116 months on
count II. It also imposed 18 months of community custody on count I. He now argues that the
combination of his 18-month term of community custody and his 120-month term of confinement
exceeds the statutory maximum punishment for count I, which is 120 months, such that his
judgment and sentence violates RCW 9.94A.505(5). The State concedes that the combination
exceeds Skyberg’s statutory maximum punishment and asks that we remand his judgment and
sentence for correction. We accept the State’s concession and remand Skyberg’s judgment and
No. 50324-7-II
sentence to the trial court for correction by reducing his term of community custody to 0 months
under RCW 9.94A.701(9).
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.
JOHANSON, J.
We concur:
WORSWICK, J.
MAXA, A.C.J.
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