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State v. Borgstrom

COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE
Dec 26, 2017
1 Wn. App. 2d 1055 (Wash. Ct. App. 2017)

Opinion

75272-3-I

12-26-2017

STATE OF WASHINGTON, Respondent, v. AMBER BORGSTROM, Appellant.


UNPUBLISHED OPINION

PER CURIAM.

Amber Borgstrom appeals the sentence imposed following her conviction for possession with intent to deliver heroin. She argues that a community custody condition requiring her to "[o]btain a drug/alcohol evaluation" is not crime related to the extent it refers to alcohol, and that we must remand for the court to strike the reference to alcohol. See RCW 9.94A.703(3)(c); State v. Warnock, 174 Wn.App. 608, 614, 299 P.3d 1173 (2013) ("[b]ecause there is no evidence and finding that anything other than alcohol contributed to Warnock's offense, we remand with directions to amend the judgment and sentence to impose only alcohol evaluation and recommended treatment"). The State concedes that the word "alcohol" should be removed from the condition. We accept the concession and remand for amendment of the judgment and sentence consistent with this opinion.

Because the State does not request costs on appeal, we do not reach Borgstrom's argument that such costs should not be imposed.

Remanded for amendment of the judgment and sentence.


Summaries of

State v. Borgstrom

COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE
Dec 26, 2017
1 Wn. App. 2d 1055 (Wash. Ct. App. 2017)
Case details for

State v. Borgstrom

Case Details

Full title:STATE OF WASHINGTON, Respondent, v. AMBER BORGSTROM, Appellant.

Court:COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE

Date published: Dec 26, 2017

Citations

1 Wn. App. 2d 1055 (Wash. Ct. App. 2017)
1 Wash. App. 2d 1055

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