In Re Martin

118 P.3d 387
CourtCourt of Appeals of Washington
DecidedAugust 22, 2005
Docket54558-2-I
StatusPublished
Cited by7 cases

This text of 118 P.3d 387 (In Re Martin) 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 Martin, 118 P.3d 387 (Wash. Ct. App. 2005).

Opinion

118 P.3d 387 (2005)

In the Matter of the Personal Restraint Petition of: John J. MARTIN, Petitioner.

No. 54558-2-I.

Court of Appeals of Washington, Division 1.

August 22, 2005.

Thomas Kummerow, Washington Appellate Project, Seattle, WA, for Appellant.

*388 Douglas Carr, Attorney at Law, Olympia, WA, for Respondent.

KENNEDY, J.

¶ 1 After John J. Martin was convicted in 1994 of attempted robbery in the first degree and attempted murder in the second degree and sentenced to 300 months' confinement, the sentencing court ordered Martin to pay restitution "[o]n a schedule established by the defendant's Community Corrections Officer." In December 1994, an order was entered directing Martin to pay $3,848.31 to the Department of Labor and Industries, $1,996.15 to C.N.A. Insurance Company, and $1,000 to University Savings Bank. Because he was still incarcerated, Martin did not yet have a community corrections officer. No payment schedule was set.

¶ 2 In April 2004, Martin remained incarcerated; accordingly, he had no community corrections officer. No payment schedule had ever been set. DOC, for the first time, began seizing money from Martin's inmate accounts to pay for his legal financial obligations. Martin filed this personal restraint petition challenging the authority of DOC to seize money for this purpose. Martin asserted that because his restitution order required restitution to be paid "[o]n a schedule established by the defendant's Community Corrections Officer," the holding in State v. Angulo, 77 Wash.App. 657, 893 P.2d 662 (1995) required that collection be deferred until he was released.

¶ 3 But for intervening amendments to the Sentencing Reform Act that abrogate the application of Angulo to this case, we might have granted the petition. Under the amendments, however, DOC was permitted to start collecting restitution in 2004, even though Martin remained incarcerated, had no community corrections officer, and no payment schedule had ever been set. Martin had no vested rights to the contrary. Accordingly, we dismiss Martin's personal restraint petition.

DISCUSSION

A. Angulo and RCW 9.94A.772

¶ 4 Relying on Angulo, Martin asserts that he is unlawfully restrained within the meaning of RAP 16.4, based on DOC's premature enforcement of his 1994 restitution order, which he asserts is not collectible until he is released from incarceration. Angulo was given 92 months of confinement and ordered to pay a fine, court costs, and to pay restitution "[o]n a schedule established by the defendant's Community Corrections Officer" because "the defendant is capable of making payments on release from custody." Angulo, 77 Wash.App. at 659, 893 P.2d 662. The sentencing court was aware that Angulo had some $2,100 cash at the time of sentencing, but denied Angulo's motion to release those funds to him. Later, while Angulo remained in prison, the State moved to modify the judgment and sentence to release Angulo's funds to the State, so that the State could apply the monies toward Angulo's legal financial obligations.

¶ 5 The trial court granted that motion and this court reversed, holding (1) that there had been no change of circumstances since the time of sentencing — the sentencing court had been fully aware of the funds Angulo had available — and so the trial court lacked authority to modify the judgment and sentence to apply those monies to the obligations; (2) the restitution statute allowed enforcement by a party or entity to which a legal financial obligation was owed, and at the time of the State's motion it was not such a party — because the crime victims had statutory priority over the State in terms of right of collection from the only funds that were available to Angulo; and (3) under the judgment and sentence the obligation to pay was deferred until a schedule was set by the Community Corrections Officer, who would not be appointed until Angulo was released from confinement. In sum, Angulo held that, without modification, nothing would be owed under the restitution order until Angulo was released from confinement. Angulo, 77 Wash.App. at 660-62, 893 P.2d 662.

¶ 6 DOC argues, notwithstanding Angulo, it is authorized to collect Martin's CFOs under RCW 9.94A.772. Setting and enforcing restitution obligations requires statutory authority, and court action without such authority is void. Angulo, 77 Wash. *389 App. at 660, 893 P.2d 662 (citations omitted). The standard of review of the enforcement of restitution orders is de novo. Id.

¶ 7 The primary purpose of statutory construction is to give effect to the Legislature's intent. City of Bellevue v. E. Bellevue Community Council, 138 Wash.2d 937, 944, 983 P.2d 602 (1999). Legislative intent is determined primarily from the language of the statute itself. City of Bellevue, 138 Wash.2d at 944, 983 P.2d 602. If a statute's language is clear, "its plain meaning must be given effect without resort to rules of statutory construction." State v. Theilken, 102 Wash.2d 271, 275, 684 P.2d 709 (1984). A statute is ambiguous when it is susceptible to more than one interpretation. State v. Johnson, 119 Wash.2d 167, 172, 829 P.2d 1082 (1992).

¶ 8 RCW 9.94A.772 is titled "Legal financial obligations — Monthly payment, starting dates — Construction," and provides in relevant part:

Notwithstanding any other provision of state law, monthly payment or starting dates set by the court, the county clerk, or the department before or after October 1, 2003, shall not be construed as a limitation on the due date or amount of legal financial obligations, which may be immediately collected by civil means[.]

RCW 9.94A.772 [2004 ch. 121 § 4, eff. June 10, 2004; 2003 ch. 379 § 22, effective July 1, 2003.]

¶ 9 The statute is not ambiguous. Its clear language provides that monthly payment or starting dates contained in a court order "shall not be construed as a limitation on the due date" for purposes of collecting legal financial obligations by civil means. Although perhaps not enacted directly in response to Angulo, RCW 9.94A.772 changes the Sentencing Reform Act to specifically allow for collection of legal financial obligations during incarceration despite language in a defendant's judgment and sentence that would direct otherwise. Thus, we conclude that Angulo

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Bluebook (online)
118 P.3d 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-martin-washctapp-2005.