In re the Personal Restraint of McWilliams

¶10 (dissenting) — I agree with the majority that the trial court erred in sentencing Dante McWilliams to a combined term of imprisonment and community custody that exceeded the statutory maximum and that McWilliams is therefore entitled to relief. But I disagree that this relief is limited to remand for the addition of a Brooks5 notation. Instead, I believe that McWilliams is entitled to a full resentencing. I therefore respectfully dissent.

ANALYSIS

¶11 Not every error in a judgment and sentence necessitates a full resentencing — some errors can be corrected through remand for a “ministerial…