In Re Brady

224 P.3d 842, 154 Wash. App. 189
CourtCourt of Appeals of Washington
DecidedJanuary 19, 2010
Docket27005-0-III, 27061-1-III
StatusPublished
Cited by8 cases

This text of 224 P.3d 842 (In Re Brady) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Brady, 224 P.3d 842, 154 Wash. App. 189 (Wash. Ct. App. 2010).

Opinion

224 P.3d 842 (2010)

In re the Personal Restraint Petition of Andrew Evan BRADY, Petitioner.

Nos. 27005-0-III, 27061-1-III.

Court of Appeals of Washington, Division 3.

January 19, 2010.

*843 Janet G. Gemberling, Gemberling & Dooris PS, Spokane, WA, for Petitioner.

Mark Erik Lindsey, Spokane County Prosecuting Attorneys, Andrew J. Metts III, Spokane County Pros. Office, Spokane, WA, for Respondent.

PUBLISHED OPINION

BROWN, J.

¶ 1 Andrew Evan Brady (born September 9, 1979) seeks relief from personal restraint in the form of 2007 Spokane County Juvenile Court ex parte orders extending jurisdiction for collection of restitution and penalty assessments (legal financial obligations (LFOs)) imposed in 1995 and 1996 disposition orders. The primary question is whether the extension orders were untimely and should be stricken. We hold the orders were untimely, grant Mr. Brady's petition, and vacate the orders extending jurisdiction. We further decide the $200 extension fee is not authorized under the juvenile statutes.

FACTS

¶ 2 On February 28, 1995, Mr. Brady was adjudicated guilty of second degree malicious mischief; the order of disposition required that he pay $2,000 in restitution and a $100 penalty assessment. On April 24, 1996, Mr. Brady was adjudicated guilty of second degree theft and second degree malicious mischief; the order of disposition required that he pay $1,000 in restitution and a $100 penalty assessment.

¶ 3 In each case, the Spokane County Prosecutor filed, on August 8, 2007, an ex parte motion and order extending jurisdiction for collection of LFOs for an additional 10 years. Mr. Brady's balance was then $1,840 in the 1994 case and $1,015 in the 1996 case. The juvenile court granted the motions and entered orders extending his payment *844 obligations to October 13, 2017.[1] The court ordered Mr. Brady to pay a $200 judgment extension fee in each case.

¶ 4 Mr. Brady timely filed these consolidated personal restraint petitions challenging the August 8, 2007 orders. He claimed the State's motions to extend jurisdiction were untimely; due process required that he receive notice of the ex parte motions; and he was entitled to appointed counsel. He also contended in reply to the State's initial response that the extension of judgment fees constituted unlawful additional punishment without notice. After receiving supplemental comment from the State regarding the $100 penalty assessments and $200 filing fees, the chief judge appointed counsel for Mr. Brady and referred the matter to the panel. RAP 16.11(b). The court requested briefing from counsel on the questions whether the juvenile court erred in (1) extending jurisdiction for an additional 10-year period to collect restitution and penalty assessments, and (2) charging the extension of judgment fees.

¶ 5 To obtain relief in a personal restraint petition challenging a judgment and sentence, the petitioner must show actual and substantial prejudice resulting from alleged constitutional errors, or, for alleged nonconstitutional errors, a fundamental defect that inherently results in a miscarriage of justice. In re Pers. Restraint of Cook, 114 Wash.2d 802, 813, 792 P.2d 506 (1990); see also In re Pers. Restraint of Goodwin, 146 Wash.2d 861, 50 P.3d 618 (2002) (sentence exceeding the court's statutory authority is fundamentally defective and warrants relief in collateral attack).

ANALYSIS

A. Extension Timeliness

¶ 6 The issue is whether the State failed to timely file the motions to extend jurisdiction to collect LFOs (restitution and penalty assessments).

¶ 7 We review statutory interpretation questions de novo. State v. J.P., 149 Wash.2d 444, 449, 69 P.3d 318 (2003). "If the language of the statute is clear and unequivocal, the court must apply the language as written." State v. Olson, 148 Wash.App. 238, 243, 198 P.3d 1061 (2009). We read related provisions together so as to "achieve a harmonious and unified statutory scheme that maintains the integrity of the respective statutes." State v. Chapman, 140 Wash.2d 436, 448, 998 P.2d 282 (2000); State v. Tejada, 93 Wash.App. 907, 911, 971 P.2d 79 (1999). We interpret a statute in a way best advancing the legislature's intent and avoiding a strained or unrealistic interpretation. Id.

¶ 8 The parties' contentions require us to examine three inter-related statutes—RCW 13.40.190(1), RCW 13.40.192, and RCW 6.17.020.

¶ 9 RCW 13.40.190(1) partly provides:

In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. ... The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years if the court determines that the respondent does not have the means to make full restitution over a shorter period. ... For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday. Prior to the expiration of the ten-year period, the juvenile court may extend the judgment for the payment of restitution for an additional ten years.

(Emphasis added). The dispute here turns on the meaning of the italicized language.

¶ 10 Mr. Brady turned age 18 on September 9, 1997. He thus remained under the juvenile court's jurisdiction for a maximum of 10 more years, until September 9, 2007. Under the State's argument, "the ten-year period" that expires does not begin until the respondent's 18th birthday. Therefore, the State's August 8, 2007 motions for extension of jurisdiction filed prior to Mr. Brady's 28th birthday were timely.

*845 ¶ 11 Mr. Brady contends the original judgment imposition date begins the 10-year period and the State must seek extension within that period or lose any enforcement rights. He thus argues the State's August 2007 motions filed more than 10 years after the 1995 and 1996 imposition dates were untimely.

¶ 12 Mr. Brady's cited case State v. Bennett, 92 Wash.App. 637, 963 P.2d 212 (1998) is instructive. There, when the disposition order was entered in 1993, juvenile courts lost jurisdiction on an offender's 21st birthday. Mr. Bennett turned 21 in 1997. Shortly thereafter, the court entered an order extending jurisdiction until 2003, thus subjecting him to intervening 1994 amendments to RCW 13.40.190

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Cite This Page — Counsel Stack

Bluebook (online)
224 P.3d 842, 154 Wash. App. 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brady-washctapp-2010.