Post-sentence Petition Of Radu Ioana, 82367-1

The Department of Corrections petitioned under RCW 9.94A.585(7) to review Radu Ioana’s sentence in Whatcom County Cause No. 20-1-00470-37.
The judgment and sentence records Ioana’s guilty plea to two counts of first-degree identity theft but incorrectly lists statutory citations for first-degree theft.
The judgment also checks a box imposing “up to 12 months” of community custody—a remedy available only if the convictions are identity theft in the first degree.
The Department filed a post-sentence petition seeking clarification of the crimes of conviction and Ioana’s community custody eligibility; the State concedes remand is required and notes no community custody was ordered on the record.
The Court of Appeals agreed the judgment requires clarification and that, because community custody length is discretionary under RCW 9.94A.702(1), the superior court must conduct a resentencing hearing so it can exercise that discretion.
The court held resentencing is a critical stage requiring Ioana’s presence unless he waives the right, and remanded for partial resentencing to correct and clarify the judgment and sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the judgment must be amended to correct crimes of conviction	Judgment must be clarified to reflect convictions are first-degree identity theft	Ioana did not respond	Yes—judgment requires clarification and amendment
Whether community custody eligibility must be clarified	If identity theft convictions, court must address community custody eligibility and impose precise term if eligible	No response from Ioana	Yes—court must decide eligibility and, if imposing community custody, specify the term
Whether resentencing is required to set community custody term	Because community custody term is discretionary, resentencing is required so court can exercise discretion	No response from Ioana	Yes—resentencing required to exercise discretion and set a precise term
Whether defendant must be present at resentencing	Resentencing is a critical stage; defendant’s presence required unless waived	No response from Ioana	Yes—Ioana must be present at resentencing unless he waives his right

State v. Broadaway, 942 P.2d 363 (1997) (where community placement period is insufficiently specific, remand to amend judgment to provide correct period is proper)
State v. Rupe, 743 P.2d 210 (1987) (resentencing is a critical stage that triggers the defendant’s right to be present)
State v. Ramos, 246 P.3d 811 (2011) (distinguishes situations where community custody period is fixed by statute and no resentencing is required)