Matter of Personal Restraint of Caudle

Court of Appeals of Washington

Matter of Personal Restraint of Caudle

863 P.2d 570, 71 Wash. App. 679, 1993 Wash. App. LEXIS 418

CourtCourt of Appeals of Washington

DecidedNovember 18, 1993

Docket12864-4-III

StatusPublished

Cited by23 cases

This text of 863 P.2d 570 (Matter of Personal Restraint of Caudle) 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.

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Matter of Personal Restraint of Caudle, 863 P.2d 570, 71 Wash. App. 679, 1993 Wash. App. LEXIS 418 (Wash. Ct. App. 1993).

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Opinions

Munson, J.

Herbert Caudle was sentenced following his conviction of two counts of delivery of a controlled substance, cocaine. RCW 69.50.401(a)(l)(i). Based on his criminal history, his standard sentence range under RCW 9.94A.310 is 57 to 75 months. The court imposed a sentence of 65 months' total confinement plus 1 year of community placement required by RCW 9.94A.120(8)(a). Mr. Caudle contends the total length of his sentence, including the 12 months of community placement, exceeds the maximum standard range sentence of 75 months, thus constituting an exceptional sentence outside the standard range. RCW 9.94A.120(1). An exceptional sentence must be supported by express written findings; none was entered here. RCW 9.94A. 120(3).

[680]*680 The Legislature has the authority to set the appropriate punishments for criminal offenses. State v. Jeffries, 105 Wn.2d 398, 717 P.2d 722, cert. denied, 479 U.S. 922 (1986); State v. Fain, 94 Wn.2d 387, 617 P.2d 720 (1980). RCW 9.94A.120(8)(a) requires the court, in certain cases, to sentence the offender to a 1-year term of community placement "in addition to the other terms of the sentence . . .". This language does not support the inference the Legislature, by adding the community placement requirement, intended to reduce by 1 year the maximum standard range period of confinement to which persons convicted of certain particularly serious crimes could be sentenced.

The presumptive sentence ranges set forth in RCW 9.94A-.310 "are expressed in terms of total confinement." RCW 9.94A.370(1).

"Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state ... for twenty-four hours a day ....

Former RCW 9.94A.030(27).¹ Community placement refers to a period which begins "either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release." Former RCW 9.94A.030(4).² Thus, the presumptive sentence ranges for total confinement do not include periods of community placement. As long as the confinement and the community placement do.not exceed the statutory maximum sentence, there is no error. Nor is the addition of community placement an exceptional sentence as defined in RCW 9.94A.120(2).

The personal restraint petition is denied.

Thompson, C.J., concurs.

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Munson, J.

Herbert Caudle was sentenced following his conviction of two counts of delivery of a controlled substance, cocaine. RCW 69.50.401(a)(l)(i). Based on his criminal history, his standard sentence range under RCW 9.94A.310 is 57 to 75 months. The court imposed a sentence of 65 months' total confinement plus 1 year of community placement required by RCW 9.94A.120(8)(a). Mr. Caudle contends the total length of his sentence, including the 12 months of community placement, exceeds the maximum standard range sentence of 75 months, thus constituting an exceptional sentence outside the standard range. RCW 9.94A.120(1). An exceptional sentence must be supported by express written findings; none was entered here. RCW 9.94A. 120(3).

[680]*680 The Legislature has the authority to set the appropriate punishments for criminal offenses. State v. Jeffries, 105 Wn.2d 398, 717 P.2d 722, cert. denied, 479 U.S. 922 (1986); State v. Fain, 94 Wn.2d 387, 617 P.2d 720 (1980). RCW 9.94A.120(8)(a) requires the court, in certain cases, to sentence the offender to a 1-year term of community placement "in addition to the other terms of the sentence . . .". This language does not support the inference the Legislature, by adding the community placement requirement, intended to reduce by 1 year the maximum standard range period of confinement to which persons convicted of certain particularly serious crimes could be sentenced.

The presumptive sentence ranges set forth in RCW 9.94A-.310 "are expressed in terms of total confinement." RCW 9.94A.370(1).

"Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state ... for twenty-four hours a day ....

Former RCW 9.94A.030(27).¹ Community placement refers to a period which begins "either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release." Former RCW 9.94A.030(4).² Thus, the presumptive sentence ranges for total confinement do not include periods of community placement. As long as the confinement and the community placement do.not exceed the statutory maximum sentence, there is no error. Nor is the addition of community placement an exceptional sentence as defined in RCW 9.94A.120(2).

The personal restraint petition is denied.

Thompson, C.J., concurs.

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863 P.2d 570, 71 Wash. App. 679, 1993 Wash. App. LEXIS 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-personal-restraint-of-caudle-washctapp-1993.

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