Personal Restraint Petition Of Justin Wayne Bromley

CourtCourt of Appeals of Washington
DecidedDecember 24, 2024
Docket57804-2
StatusUnpublished

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Personal Restraint Petition Of Justin Wayne Bromley, (Wash. Ct. App. 2024).

Opinion

Filed Washington State Court of Appeals Division Two

December 24, 2024

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II In the Matter of the Personal Restraint of: No. 57804-2-II

JUSTIN WAYNE BROMLEY, UNPUBLISHED OPINION Petitioner.

PRICE, J. — In this personal restraint petition (PRP), Justin W. Bromley seeks relief from

restraint following his guilty plea to first degree child molestation and first degree rape of a child.

In his initial pro se petition, Bromley alleges numerous reasons for why his guilty plea was a

manifest injustice. In a supplemental brief, appointed counsel raised four new grounds for relief

not included in Bromley’s initial petition. We dismiss these new grounds raised in Bromley’s

supplemental brief as time barred and deny the remainder of Bromley’s PRP.

FACTS

Based on allegations involving victimizing his daughter, Bromley was charged in late 2021

with first degree child molestation, indecent liberties by forcible compulsion, three counts of first

degree rape of a child, and attempted first degree rape of a child. Almost all charges included an

allegation of abuse of a position of trust as an aggravating circumstance.

Bromley agreed to plead guilty four months later. Under the plea agreement, the State

agreed to dismiss four of the six counts and all of the aggravating circumstances. The two

remaining counts were first degree child molestation (count 1) and first degree rape of a child No. 57804-2-II

(count 3). Because Bromley had no previous felony convictions, his sentencing ranges under the

plea agreement were as follows:

Count Offender Seriousness Standard Aggravating Total Standard Maximum Score Level Range Factors Range Term

Life in prison 1 3 X 67-89 months - None - 67-89 months and/or a $50,000 fine Life in prison 120-160 120-160 3 3 XII - None - and/or a months months $50,000 fine

Clerk’s Papers (CP) at 46, 48. The plea agreement reflected that by statute the sentences were

subject to indeterminate sentencing. The State agreed to recommend a low-end sentence of a

minimum term of 120 months for the first degree rape of a child (count 3) and a sentence with a

minimum term of 89 months for first degree child molestation (count 1).

Bromley pleaded guilty in March 2022. In both his written statement of defendant on plea

of guilty and during his colloquy with the superior court, Bromley confirmed that he understood

the terms of the plea agreement and that he entered into it freely and voluntarily.

After Bromley pleaded guilty, he requested several continuances of the sentencing hearing

so that he could complete evaluations for a special sex offender sentencing alternative (SSOSA),

RCW 9.94A.670. However, after three months without these evaluations being completed, the

superior court declined to allow any further delay.

The superior court sentenced Bromley consistent with the State’s recommendation. The

superior court also imposed lifetime community custody. Community custody conditions included

2 No. 57804-2-II

a lifetime no contact order preventing all contact with his daughter. Bromley’s judgment and

sentence was filed on July 25, 2022.

ANALYSIS

Bromley did not appeal his judgment and sentence. But in January 2023, Bromley filed a

pro se personal restraint petition, raising multiple reasons for why his restraint is unlawful,

including ineffective assistance of counsel, excessive financial release conditions, excessive and

unconstitutional sentence, and that he was coerced into signing the plea agreement.1 In a

supplemental brief filed in November 2023, appointed counsel raises four new grounds for relief.

We dismiss the new grounds raised in Bromley’s supplemental brief as time barred and deny the

remainder of Bromley’s PRP.

I. TIMELINESS

A personal restraint petition generally must be filed within one year of the date that the

petitioner’s judgment and sentence becomes final. RCW 10.73.090(1). A judgment and sentence

becomes final on the date that it is filed with the clerk of the superior court. RCW 10.73.090(3)(a).

A petition filed more than one year later is time barred unless the petitioner shows that their

judgment and sentence is facially invalid or was not rendered by a court of competent jurisdiction.

1 In his initial pro se petition, Bromley also attempts to incorporate by reference a CrR 7.8 motion that he alleges the superior court never decided. Bromley’s allegation that the superior court never decided this motion is incorrect because the record shows the superior court denied the motion. Nevertheless, we do not address the issue because a party may not incorporate by reference arguments or claims made in other filings. See In re Guardianship of Lamb, 173 Wn.2d 173, 183 n.8, 265 P.3d 876 (2011) (“Washington courts have consistently held that a party waives issues not fully argued in appeals briefs, rejecting attempts by litigants to incorporate by reference arguments contained only in trial court briefs”); see also Diversified Wood Recycling, Inc. v. Johnson, 161 Wn. App. 859, 890-91, 251 P.3d 293, review denied, 172 Wn.2d 1025 (2011).

3 No. 57804-2-II

RCW 10.73.090(1). Or the petitioner must show that their petition is based solely on one of the

enumerated exceptions to the time bar in RCW 10.73.100.

If a petition raises claims that are both timely and untimely under RCW 10.73.100, then

the petition is mixed and must be dismissed. In re Pers. Restraint of Hankerson, 149 Wn.2d 695,

702, 72 P.3d 703 (2003). The mixed petition rule does not bar consideration of claims that allege

facial invalidity of the judgment and sentence. In re Pers. Restraint of Williams, 200 Wn.2d 622,

632-33, 520 P.3d 933 (2022).

If any “supplemental brief” includes new claims, the new claims would be subject to the

time bar based on the timing of the “supplemental brief,” not the initial petition. See In re Pers.

Restraint of Wilson, 169, Wn. App. 379, 393-94, 279 P.3d 990 (2012), review denied, 338 P.3d

275 (2013).2

Here, Bromley’s initial pro se petition was timely filed. Bromley’s judgment and sentence

was filed in July 2022, and he filed his initial petition in January 2023—well within a year of his

judgment and sentence becoming final. Thus, each of the claims included in his initial petition are

timely.

However, Bromley’s supplemental brief was not filed within one year of his judgment and

sentence. Bromley’s appellate counsel did not file supplemental briefing until November 2023,

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Related

Padilla v. Kentucky
559 U.S. 356 (Supreme Court, 2010)
Matter of Personal Restraint of Rice
828 P.2d 1086 (Washington Supreme Court, 1992)
Matter of Personal Restraint of Riley
863 P.2d 554 (Washington Supreme Court, 1993)
State v. Sandoval
249 P.3d 1015 (Washington Supreme Court, 2011)
DIVERSIFIED WOOD RECYCLING, INC. v. Johnson
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In Re Rainey
229 P.3d 686 (Washington Supreme Court, 2010)
In re the Personal Restraint of Stoudmire
5 P.3d 1240 (Washington Supreme Court, 2000)
In re the Personal Restraint of Goodwin
50 P.3d 618 (Washington Supreme Court, 2002)
In re the Personal Restraint of Hankerson
72 P.3d 703 (Washington Supreme Court, 2003)
In re the Personal Restraint of Rainey
168 Wash. 2d 367 (Washington Supreme Court, 2010)
State v. Sandoval
171 Wash. 2d 163 (Washington Supreme Court, 2011)
In re the Personal Restraint of Coats
267 P.3d 324 (Washington Supreme Court, 2011)
In re the Guardianship of Lamb
265 P.3d 876 (Washington Supreme Court, 2011)
In re the Personal Restraint of Swagerty
383 P.3d 454 (Washington Supreme Court, 2016)
Diversified Wood Recycling, Inc. v. Johnson
161 Wash. App. 859 (Court of Appeals of Washington, 2011)
In re the Personal Restraint of Wilson
279 P.3d 990 (Court of Appeals of Washington, 2012)

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