In re the Personal Restraint of Eckmann

818 P.2d 1350, 117 Wash. 2d 678, 1991 Wash. LEXIS 404
CourtWashington Supreme Court
DecidedNovember 7, 1991
DocketNo. 57275-5
StatusPublished
Cited by3 cases

This text of 818 P.2d 1350 (In re the Personal Restraint of Eckmann) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Personal Restraint of Eckmann, 818 P.2d 1350, 117 Wash. 2d 678, 1991 Wash. LEXIS 404 (Wash. 1991).

Opinions

Smith, J.

The personal restraint petitions of Marquis Eckmann, Darryl Keith Blye, Themar E. Serr and Lester Carl Chatman have been consolidated for hearing in this matter. Each having previously been adjudged a "habitual criminal", they seek review of decisions of the Indeterminate Sentence Review Board relating to their mandatory minimum terms under Substitute House Bill (SHB) 1457, 51st Legislature (1989),1 which requires decisions of the Board to be "reasonably consistent with the ranges, standards, and purposes of the sentencing reform act".2 Petitioners additionally assert that adequate written reasons are required by RCW 9.95.009 if a minimum term is a departure from the Sentencing Reform Act of 1981 (SRA) ranges.

In affidavits submitted in each of the four petitions, Chairperson Kathryn S. Bail of the Indeterminate Sentence Review Board (Board) stated that:

Under the recent statutory change, the review first focussed [sic] on the individual's demonstrated efforts at rehabilitation. In addition to the factors listed in RCW [680]*6809.95.013, the Board also reviewed the habitual criminal's institution history, and took special note of prison infractions, disciplinary findings and progress reports. Based on this overall review, the Board did not waive the mandatory term unless the habitual criminal had demonstrated meritorious efforts at rehabilitation. If meritorious rehabilitation was sufficient to waive the mandatory, the Board's next action was to set a minimum term at less than the fifteen (15) year mandatory minimum term.[3]

We conclude that the Indeterminate Sentence Review Board fully complied with requirements of the statute. We therefore uphold its decision in each case.

Issues Presented

Only two issues are presented by these cases. They can be simply stated.

The first issue is whether the Indeterminate Sentence Review Board in issuing its decision in each case supplied adequate written reasons for not waiving a mandatory minimum term.

The second issue is whether SHB 1457 requires the Indeterminate Sentence Review Board to set a minimum term within the Sentencing Reform Act of 1981 ranges if adequate reasons are not given for exceeding those ranges.

Records of Individual Petitioners 1. Marquis Eckmann

In 1971, Marquis Eckmann was convicted of grand larceny in the King County Superior Court.4 Subsequently he was placed on probation.5 In December 1971, he was convicted of assault in connection with a shooting.6 Again he was placed on probation.7 In July 1975, he committed a [681]*681burglary.8 He was jailed after his arrest, but was released later. After his release, he committed another burglary and grand larceny.9 He was convicted of the first burglary.10 Upon sentencing, the prosecutor dismissed the second burglary and the grand larceny charges.11 As a result of the conviction for the first burglary, Mr. Eckmann was sentenced to prison.12 His probation for the grand larceny and assault convictions was revoked. Prior to his adult convictions, Mr. Eckmann had committed three burglaries as a juvenile.13

In July 1977, Petitioner Eckmann was paroled.14 In March 1978, he committed another burglary and violated his parole when he used drugs.15 At that time, he admitted that he had a serious drug problem.16 In 1978, he was convicted of the March burglary. He was found to be a habitual criminal and given a maximum sentence of life imprisonment.17 The sentence was suspended to give bim a "last chance" at avoiding crime.18 In September 1980, he was convicted of burglary and sentenced to life imprisonment.[682]*68219 His suspended sentence was revoked, and he was sentenced to prison as a habitual criminal.20

Upon his incarceration, the Board set Mr. Eckmann's minimum term at the mandatory 180 months.21 During incarceration, he had several infractions, including use of drugs and alcohol.22

After passage of SHB 1457, the Board considered waiver of Mr. Eckmann's mandatory minimum term. It received comments from the Department of Corrections23 and Mr. Eckmann.24 Additionally, the Board received an updated minimum term recommendation from the King County Prosecuting Attorney, who opposed waiver of the mandatory minimum term.25 In October 1989 the Board declined to waive the mandatory minimum term.26

In stating its reasons for denying waiver of the mandatory minimum term for Mr. Eckmann, the Board noted his criminal history.27 Additionally, the Board stated:

We note that there is a 1988 Department of Corrections recommendation against the waiver of the mandatory. We [683]*683would also note that recent reports indicate that Mr. Eckmann's institutional conduct has improved, that overall he has displayed a good attitude and been cooperative towards institutional programs. The most recent classification and referral report dated 12-88 to 6-89 indicates that he was infraction free during that period, however he did receive an infraction in 7-89. In conclusion, after a thorough review of both Mr. Eckmann's file and criminal history, the Board has determined that due to the nature and the extent of Mr. Eckmann's criminal history and criminal convictions a waiver of the mandatory on the habitual criminal status is not indicated in this case.[28]

In Petitioner Eckmann's case, the Board considered the updated recommendation of the prosecuting attorney and the Department of Corrections. The Board reviewed the nature and extent of his criminal history, and concluded that a waiver of the mandatory minimum term was not indicated. Petitioner Eckmann was found to be a habitual criminal under RCW 9.92.090 and was punished by imprisonment in the state penitentiary for life. His minimum term of confinement was set at 180 months consistent with RCW 9.95.040(3). The Board declined to waive the mandatory minimum sentence and set forth adequate written reasons in its decision. It cannot be said that a reasonable person would not take the position adopted by the Board. The Board did not abuse its discretion.

2. Darryl Keith Blye

On February 17, 1976, Darryl Keith Blye pleaded "guilty" to charges of grand larceny and second degree burglary in the Kitsap County Superior Court. He received a maximum sentence of 15 years for count 1, grand larceny, and 15 years for count 2, second degree burglary, the sentences to run concurrently.29

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Cite This Page — Counsel Stack

Bluebook (online)
818 P.2d 1350, 117 Wash. 2d 678, 1991 Wash. LEXIS 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-personal-restraint-of-eckmann-wash-1991.