### FILED COURT OF APPEALS 

### DIVISION Ti 

### 2015 

### HAY _ 5 

### AM 9: 28 STATE OF WASHINGTON BY 

### UTY



### IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II In the Matter ofthe Personal Restraint Petition No. 46493 - 4 -II of JD JONES BARTON, Petitioner. UNPUBLISHED OPINION WoxswICK, P.J. — JD Jones Barton seeks relief from personal restraint imposed 

### following his 2013 pleas of guilty to two counts ofsecond degree assault and one count offirst degree unlawful possession of a firearm.' He argues that (1) thejail' s certification of hisjail time is inaccurate because it did not include the time between his arrest, April 21, 2008, and his arraignment, June 24, 2008; (

## 2) the Department ofCorrections (DOC) has incorrectly calculated his sentence because it did not give himjail time and good time credits for that period; (3) the State

1 Barton originally pleaded guilty in 2008. We remanded his judgment and sentence to the trial court because its 180 - month sentence exceeded the statutory maximum sentence. He was resentenced in 2011 to a 156 - month sentence. We remandedthat sentence to thetrial courtbecause 

### his trial counsel misadvised him as to the sentencing consequences ofhis plea. He withdrew his 

### 2008 pleas of guilty but then pleaded guilty again in 2013 and again received a 156 -month sentence, to be followed by an 18 -month term of community custody. He later filed a motion to withdraw his 2013 pleas in the trial court. That court transferred his motion to this court for consideration as a personal restraint petition under CrR 7. 8( c)( 2).No. 46493 -4 -II

breached the plea agreement 

### by not correctly calculating his sentence; (4) the failure to credit that 

### jail time and good time will cause him to serve more thanthe statutory maximum sentence for his crimes; (

### 5) he is entitled to restoration ofearned early release credits that he lostwhile serving his 2008 and 2011 judgments and sentences; and (6) the imposition ofa term ofcommunity custody causes his sentence to exceed the statutory maximum sentence for his crimes.

As to issues ( 1) through (4), Barton has not shown that he is entitled tojail time credits or 

### good time credits against his 2013 judgment and sentence for the period from April 21, 2008 to June 24, 2008. He served that period in jail as a sanction for violations of his conditions of 

### community custody imposed following an earlier conviction. He received creditforthatjail time and good time against that sanction. RCW 9.94A.505(6) provides that credits for presentence jail 

### time can bemade only againstajudgmentand sentence ifthe offenderwas injail "solely in regard to the offense for which the offender is 

### being sentenced." Barton did not serve the April to June period in jail solely for the offenses to which he pleaded guilty in 2013. Therefore, he is not 

### entitled to credits for that period against both his 2008 sanction and his 2013 judgment and
sentence. In re Pers. Restraint ofCostello, 131 Wn.

### App. 828, 833, 129 P.3d 827 (2006). Thejail 

### did not err in its certification, DOC did not err in calculating his sentence, the State did not breach the plea agreement, and Barton will not be forced to serve more than the statutory maximum sentence for his crimes.

As to issue ( 5), 

### Barton fails to showthat he has any rightto the restoration ofpreviously lost earned early release credits. 

### DOC has the authority to administer the earned early release credit system, RCW 9.94A.729( 1)( a), 

### and requiring restoration of previously lost earned early release credit on account of a newjudgment and sentence would interfere with the 

### disciplinaryNo. 46493 - 4 -II 

### purpose ofthe earned early release credit system. In re Pers. Restraint ofWilliams, 121 Wn.2d 655, 661 -62, 853 P.2d 444 ( 1993).

As to issue ( 6), 

### the State concedes that because the trial court imposed the statutory maximum sentence of 156 months of confinement ( 120 months for the crimes and 36 months for the firearm enhancements), 

### the trial court erred in also imposing a term of community custody 

### because thatterm would cause Barton to serve morethan the statutory maximum sentence. State

v. Boyd, 174 Wn.2d 470, 473, 275 P.3d 321 ( 2012). We accept the State' s concession.

We grant Barton' s petition in part and remand his 2013 judgment and sentence to the trial 

### court for correction by deletion oftheterm ofcommunity custody. In all other respects, we deny Barton's petition and deny his requestfor monetary sanctions. A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, butwill be filed forpublic record in accordance with RCW2.06.040, it is so ordered.

We concur: MAXA, J.
LLE, J.

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