In Re the Personal Restraint of Williams

759 P.2d 436, 111 Wash. 2d 353, 1988 Wash. LEXIS 163
CourtWashington Supreme Court
DecidedJuly 15, 1988
Docket53803-4
StatusPublished
Cited by159 cases

This text of 759 P.2d 436 (In Re the Personal Restraint of Williams) 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 Williams, 759 P.2d 436, 111 Wash. 2d 353, 1988 Wash. LEXIS 163 (Wash. 1988).

Opinions

Andersen, J.—

Facts of Case

The personal restraint petition of Allen Ray Williams (defendant) raises a number of issues relating to the use of prior convictions in sentencing a defendant under the Sentencing Reform Act of 1981 (SRA).1

On July 20, 1985, the defendant, who had a long history of driving infractions, drove a truck into another vehicle and caused the death of the other driver. The defendant had been drinking and had a blood alcohol reading in excess of .10 at the time.

On February 5, 1986 the defendant pleaded guilty to the crime of vehicular homicide (RCW 46.61.520). Four driving while under the influence convictions were listed on the defendant's statement on plea of guilty which he signed at that time.

On March 28, 1986 the sentencing hearing was held. Three additional driving offenses were added to the criminal history section of the judgment and sentence form. Thereupon judgment was pronounced and the sentence entered. The defendant received a 77-month sentence, which he is now serving.

The defendant did not appeal but later filed this personal restraint petition in the Court of Appeals. By his petition, he challenged the constitutionality of his conviction and alleged that as a consequence of its unconstitutionality he is being unlawfully deprived of his liberty. The [356]*356Chief Judge of Division Two of the Court of Appeals dismissed the petition. By order dated December 2, 1987, we granted discretionary review.

Four issues are presented.

Issues

Issue One. Were the three prior driving offenses added to the defendant's "criminal history" by the sentencing court at the sentencing hearing, and used to calculate his offender score, improperly used because they had been "washed out" under the SRA's 5-year "wash-out" statute?

Issue Two. Was the use of defendant's pre-SRA convictions to determine his offender score under the SRA a violation of the ex post facto prohibitions of our federal and state constitutions?

Issue Three. With reference to the defendant's four prior convictions of driving while under the influence, which he admitted to in his statement on plea of guilty to the vehicular homicide charge, and which were also used by the sentencing court in calculating his offender score under the SRA, did the defendant in his personal restraint petition make a threshold showing of prima facie constitutional error sufficient to justify collateral attack on those convictions?

Issue Four. Was the defendant denied his due process rights at the SRA sentencing hearing?

Decision

Issue One.

Conclusion. It appears from the face of the abstract of the defendant's driving record used at his sentencing that three of his prior traffic offenses (which were brought in at the time of the hearing and used in determining his offender's score and hence the presumptive standard sentence range) were improperly used because they had previously been "washed out" under the terms of the "wash-out" statute then in effect.

[357]*357The beginning point in any sentencing under the SRA is the offense for which the defendant is convicted.2 And the defendant's plea of guilty to that offense was, of course, a confession of guilt, the result of which is equivalent to conviction; by pleading guilty, he acknowledged full responsibility for the legal consequences of his guilt.3 His guilty plea had the same effect as a verdict of guilty.4

Under the SRA, other than the offense for which a defendant is convicted, the major determinative of the defendant's presumptive sentence is the "offender score";5 and that in turn is based on the defendant's "criminal history".6

Prior to enactment of the SRA, sentencing judges were permitted to consider just about any information concerning the defendant's criminality that they chose to, and this was true whether it had resulted in a conviction or not.7 The Sentencing Guidelines Commission, however, was of the view that it was inconsistent with the principles underlying our system of justice to sentence a person on the basis of crimes that the State either could not or chose not to prove.8 Accordingly, the Commission's proposed solution, which was adopted by the Legislature when it enacted the SRA, was to provide that a defendant's offender score [358]*358would be determined by the offenses for which the defendant was convicted and by the defendant's "criminal history" as that term is defined in the SRA.9

In all cases other than vehicular homicide cases, it appears that only felony convictions are considered in determining the offender score.10 It seemed logical to the Sentencing Guidelines Commission and to the Legislature, however, that in vehicular homicide cases such as this one, prior convictions of specified traffic offenses deemed "serious traffic offenses"11 were a more logical measure of prior culpability than felonies unrelated to operating motor vehicles.12 Since many serious traffic offenses are misdemeanors rather than felonies, certain vehicular misdemeanor convictions, as well as vehicular felony convictions, are considered in vehicular homicide case sentencings.13

At the time the defendant pleaded guilty to the crime of vehicular homicide in this case, in his Statement of Defendant on Plea of Guilty (which both he and his former attorney signed),14 he acknowledged four convictions of driving while under the influence. In that statement, the defendant also acknowledged:

I fully understand that if criminal history in addition to that listed [above] is discovered, both the standard [359]*359range and the Prosecuting Attorney's recommendation may increase. Even so, I fully understand that my plea of guilty to this charge is binding upon me if accepted by the court, and I cannot change my mind if additional criminal history is discovered and the standard range and Prosecuting Attorney's recommendation increases...[15]

At the subsequent sentencing hearing, the sentencing court also had before it what was apparently a certified copy of a Department of Licensing abstract of the defendant's driving record. The abstract listed numerous driving offenses other than the four driving while under the influence offenses which the defendant had admitted to at the time of his guilty plea. In determining the defendant's criminal convictions to be used in computing the defendant's offender score, the sentencing court found as a fact that the defendant had also committed three earlier "serious traffic offenses".16 It then listed all seven of these convictions under "criminal history" on the face of the judgment and sentence, as required.17 The addition of these three additional prior convictions increased both the defendant's offender score and his presumptive standard sentence range under the SRA.

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Cite This Page — Counsel Stack

Bluebook (online)
759 P.2d 436, 111 Wash. 2d 353, 1988 Wash. LEXIS 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-personal-restraint-of-williams-wash-1988.