In re the Personal Restraint of Green

Johanson, A.C.J.

¶18 (dissenting) — Because the sentence imposed here looks like a hybrid sentence and acts like a hybrid sentence, I would hold it is a hybrid sentence. When a trial court imposes sentences with some terms running concurrently and others consecutively to each other, then it imposes an illegal hybrid sentence. Accordingly, I would remand for resentencing.

¶19 The majority holds that because the trial court sentenced Green under subsection (2) of RCW 9.94A.589, prior case law invalidating unlawful hybrid sentences un*338der subsection (3) of RCW 9.94A.589 does not apply here. I…