IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, DIVISION ONE Appellant/Cross-Respondent, No. 81680-2-I (consol. with v. No. 81532-6-I) TYLOR SEAN DONNELLY, UNPUBLISHED OPINION Respondent/Cross-Appellant. DWYER, J. — The State appeals from the superior court’s order granting Tylor Donnelly’s motion to amend the warrant of commitment to award him credit for time served at liberty. Because Donnelly is not entitled to this form of equitable relief from the sentence, we reverse the superior court’s order amending the warrant of commitment. Additionally, Donnelly cross appeals from the superior court’s order denying his petition for a writ of mandamus. This petition sought a writ requiring the San Juan County sheriff to apply for a second parole permit so that Donnelly could reenter the United States to serve the remainder of the sentence imposed upon him. Because Donnelly fails to demonstrate that the sheriff had a clear duty to apply for the parole permit, we affirm the superior court’s order denying the petition. No. 81680-2-I/2 I Most of the facts underlying this appeal are set for forth in our first opinion in this matter, State v. Donnelly, No. 77816-1-I, slip op. at 1-6 (Wash. Ct. App. May 6, 2019) (unpublished), https://www.courts.wa.gov/opinions/pdf/778161.pdf. In his prior appeal, Donnelly asserted that the superior court erred by denying his motion to amend the warrant of commitment to award him credit for days during which he was unable to report for work crew. Donnelly, No. 77816-1-I, slip op. at 1. We rejected Donnelly’s argument and affirmed the superior court’s order. Donnelly, No. 77816-1-I, slip op. at 1. In so doing, we reasoned that Donnelly failed to meet the requirements to be granted credit for time served at liberty. Donnelly, No. 77816-1-I, slip op. at 11. On December 5, 2017, Donnelly, for whom the sheriff had arranged the issuance of a permit issued by the United States Department of Homeland Security allowing entry into the United States, filed a motion in the superior court to stay the sentence pending his first appeal.1 The State opposed this motion. On December 12, the superior court entered an order granting Donnelly’s motion to stay, but only with regard to the term of work crew service that was authorized 1 Under federal immigration law, Donnelly’s felony conviction renders him unable to enter the United States, absent special authority from the Secretary of the Department of Homeland Security. U.S. DEP’T OF HOMELAND SEC’Y, PRIVACY IMPACT ASSESSMENT FOR THE ICE PAROLE AND LAW ENFORCEMENT PROGRAMS UNIT CASE MANAGEMENT SYSTEMS, at 1 (Dec. 3, 2018), https://www.dhs.gov/sites/default/files/publications/privacy-pia-ice-plepucms- december2018.pdf#:~:text=The%20Parole%20and%20Law%20Enforcement%20Programs%20U nit%20%28Parole,in%20the%20ICE%20Parole%20Unit%20Case%20Management%20Systems[ https://perma.cc/T47M-4AXP]. 2 No. 81680-2-I/3 under the sentence. Sometime thereafter, Donnelly departed the United States and returned to Canada.2 On October 24, 2019, following our decision in the first appeal, the State filed a motion in the superior court wherein it sought an order requiring Donnelly to appear and complete the remainder of the sentence. In response, Donnelly filed a memorandum in which he made the following two requests: 1. That his commit date be …
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