IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION THREE

In the Matter of the Postsentence Review 

of:

HUNTER D. RODGERS.

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No. 39627-4-III

UNPUBLISHED OPINION

LAWRENCE-BERREY, A.C.J. — In this postsentence review, the Department of 

Corrections (DOC) argues the trial court erroneously imposed community custody. The 

State concedes error, and we accept the State’s concession. 

FACTS

Hunter Rodgers pleaded guilty to attempted manslaughter in the second 

degree.1 The trial court sentenced Mr. Rodgers to 15.75 months’ confinement and 18 

 

1 Attempted manslaughter is a “nonexistent crime.” In re Pers. Restraint of 

Knight, 4 Wn. App. 2d 248, 252, 421 P.3d 514 (2018). One cannot attempt to negligently 

or recklessly cause the death of another. However, a defendant who pleads to a lesser 

offense may not later challenge the existence of that offense, as the defendant conceded 

the offense’s existence to secure reduced punishment. State v. Majors, 24 Wn. App. 481, 

483, 603 P.2d 1273 (1979), aff’d, 94 Wn.2d 354, 616 P.2d 1237 (1980). 

FILED

FEBRUARY 1, 2024

In the Office of the Clerk of Court

WA State Court of Appeals, Division III
No. 39627-4-III

Postsentence Review of Rodgers

2

months’ community custody. DOC soon after concluded that Washington law does 

not authorize community custody for attempted manslaughter in the second degree. 

DOC unsuccessfully petitioned the trial court to correct the sentence. DOC now seeks 

review by this court.

ANALYSIS

DOC argues the trial court improperly sentenced Mr. Rodgers to community 

custody because the legislature did not authorize community custody for attempted 

manslaughter in the second degree. We agree.

Standard of review

RCW 9.94A.585(7) authorizes DOC to seek review of legally erroneous sentences. 

We review such claims of error de novo. In re Postsentence Rev. of Combs, 176 Wn. 

App. 112, 116, 308 P.3d 763 (2013).

Community custody

A trial court may not impose a sentence without statutory authority. In re Pers. 

Restraint of Carle, 93 Wn.2d 31, 33, 604 P.2d 1293 (1980). RCW 9.94A.701(1)-(3) 

authorizes trial courts to impose community custody for serious violent offenses, violent 

offenses, and crimes against persons. RCW 9.94A.030(46), (58) defines what constitutes 

serious violent offenses and violent offenses. RCW 9.94A.411(2)(a) lists what 
No. 39627-4-III

Postsentence Review of Rodgers

3

constitutes crimes against persons. The offenses defined and listed in both statutes are 

exhaustive, not illustrative. See In re Postsentence Rev. of Leach, 161 Wn.2d 180, 185, 

163 P.3d 782 (2007) (plain language of RCW 9.94A.411 authorizes community custody 

only for enumerated offenses). 

While manslaughter in the second degree is a violent offense, attempted 

manslaughter in the second degree is not. See RCW 9.94A.030(58)(a)(iv). Attempted 

manslaughter in the second degree also is not a violent offense by virtue of being an 

“attempt to commit a class A felony,” because manslaughter in the second degree 

is a class B felony. See RCW 9.94A.030(58)(a)(i); RCW 9A.32.070. Although 

manslaughter in the second degree also qualifies as a crime against persons, attempted 

manslaughter in the second degree does not. See RCW 9.94A.411(2)(a). Neither 

manslaughter in the second degree nor an attempt thereof is a serious violent offense. 

See RCW 9.94A.030(46). In sum, attempted manslaughter in the second degree is not an 

offense for which RCW 9.94A.701 authorizes community custody.

Because a trial court may not impose a sentence for which it lacks statutory 

authority, we remand to the trial court to strike the community custody portion of Mr. 

Rodgers’ sentence. Carle, 93 Wn.2d at 33.
No. 39627-4-111 

Postsentence Review of Rodgers 

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. 

WE CONCUR: 

Pennell, J. Cooney, J. 

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