Court of Appeals of Washington, 2015

State Of Washington, Resp. v. Milan J. Stribrny, Jr., App.

State Of Washington, Resp. v. Milan J. Stribrny, Jr., App.
Court of Appeals of Washington · Decided May 18, 2015

State Of Washington, Resp. v. Milan J. Stribrny, Jr., App.

Opinion

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2015MAY 18 Ah II: 29

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, DIVISION ONE Respondent, No. 71906-8-1 v.

MILAN STRIBRNY, JR., UNPUBLISHED OPINION Appellant. FILED: MAY 1 8 2015 Per Curiam — Milan Stribrny, Jr. appeals his convictions for malicious mischief, making a false or misleading statement to a public servant, and obstructing a law enforcement officer. He contends, and the State concedes, that the non-felony obstructing conviction is not supported by sufficient evidence because his false statements alone were insufficient to support the conviction.

State v. Williams. 171 Wn.2d 474, 486, 251 P.3d 877 (2011). We accept the concession of error and vacate the conviction. Stribrny also contends the court erred in failing to enter written CrR 3.5 findings and conclusions and we must remand for their entry. The trial court belatedly entered the findings and conclusions, however, and Stribrny has not alleged any prejudice from their delayed entry. Accordingly, he fails to demonstrate grounds for relief. State v. Gaddv. 114 Wn. App. 702, 705, 60 P.3d 116 (2002), affd, 152 Wn.2d 64, 93 P.3d 872 (2004).

Affirmed in part, reversed in part, and remanded for vacation of the obstructing conviction.

FOR THE COURT: YYg/J^c^CA

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