FILED COURT OF APPEALS 2013 SEP 24 AM 9: 30 IN THE COURT OF APPEALS OF THE STATE OF W DIVISION II STATE OF WASHINGTON, I No. 437'

Respondent, V.

JOSHUA M.WILSON, I UNPUBLISHED OPINION

PENOYAR, J. — Joshua Michael Wilson appeals his felony conviction for failing to register as a sex offender. The State concedes that when the trial court convicted Wilson, it erred by finding that Wilson had a previous Oregon conviction that was "comparable"to a felony level sex offense in Washington. Accepting the State's concession, we vacate Wilson's conviction and remand to the trial court to enter a judgment and sentence for the misdemeanor level of the failure to register offense.

Under RCW 9A. 4. a person has a duty to register under RCW 9A. 4.for a 132( if ), 130 sex offense other than a felony, and knowingly fails to comply, failure to register is a gross misdemeanor. Wilson was convicted in 2003 of contributing to the sexual delinquency of a minor. In Oregon this crime is a misdemeanor. The State concedes that the Oregon records provided at trial here are insufficient to show that the Oregon offense would have been a felony in Washington.

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We accept the State's concession and vacate Wilson's sentence and remand to the trial court for resentencing.

A majority of the panel having determined that this opinion will.not be'rinted in the p Washington Appellate Reports, but will be filed for public record in accordance with RCW 040, 2.6.it is so ordered.

We concur:

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J.

C

Maxa, J.