State v. Shove

In this case, the trial court modified its judgment and sentence and released the defendant after she had served only 5 of the 12 months originally imposed. Because the Sentencing Reform Act of 1981 (SRA), RCW 9.94A, does not allow for a judicial modification of this nature, we reverse. In so holding, we overrule dicta in State v. Bernhard, 108 Wn.2d 527, 741 P.2d (1987) which may suggest otherwise.

Arliss Shove pleaded guilty to four counts of first degree theft. The trial court sentenced her to 365 days of partial confinement at a work release center. She was also required to pay…