State Of Washington, V. Cody Alan Johnson

CourtCourt of Appeals of Washington
DecidedNovember 18, 2025
Docket58761-1
StatusUnpublished

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Bluebook
State Of Washington, V. Cody Alan Johnson, (Wash. Ct. App. 2025).

Opinion

Filed Washington State Court of Appeals Division Two

November 18, 2025

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II STATE OF WASHINGTON, No. 58761-1-II

Respondent,

v. UNPUBLISHED OPINION CODY ALAN JOHNSON,

Appellant.

PRICE, J. — Cody A. Johnson appeals his termination from drug court and his subsequent

convictions for two counts of physical control of a motor vehicle while under the influence and

one count of driving under the influence. He argues that his drug court termination violated his

procedural due process rights in multiple ways: (1) that he did not receive adequate notice of the

State’s motion to terminate, (2) that he was never informed of his right to contest his termination

or his alleged violations of the drug court contract, and (3) that he was never informed of his right

to an evidentiary trial. Johnson also argues that after he was terminated from drug court, the trial

court erred by failing to enter findings of fact and conclusions of law related to his convictions.

While we agree that the drug court did err in some respects, we hold that any errors were

harmless and affirm. No. 58761-1-II

FACTS

I. BACKGROUND

In October 2022, the State charged Johnson with one count of physical control of a vehicle

while under the influence. The State later amended the information to add an additional charge of

physical control of a vehicle while under the influence and one count of driving under the

influence.

In January 2023, Johnson was accepted into a drug court program. As part of his

acceptance, Johnson signed a contract in which he agreed, among other things, to abstain from

using drugs and consuming alcohol, to attend prescribed treatment sessions and appointments, to

live in approved sober housing, and to be subject to random urinalysis (UA) testing. The contract

also required that, in the event of termination, Johnson must stipulate that “the law

enforcement/investigative agency reports or declarations, witness statements, field test results, lab

test results, or other expert testing or examinations such as fingerprint or handwriting comparisons

and pleadings” may be sufficient for the trial court to subsequently find him guilty of his pending

charges. Clerk’s Papers (CP) at 27. In addition, Johnson waived important basic rights in the

event of termination, such as the right to a speedy trial, the right to call or question witnesses, and

the right to testify.

If Johnson successfully graduated from the drug court program, all of his charges would

be dismissed with prejudice. However, if he was terminated from the program, the trial court could

determine his guilt based solely on the facts in the stipulated documents.

2 No. 58761-1-II

II. VIOLATIONS OF DRUG COURT CONTRACT

Three months after his acceptance into the drug court program, in March 2023, Johnson

relapsed and failed to maintain contact with the program. After Johnson’s arrest on a drug court

warrant, the drug court engaged in multiple discussions with him about his actions and whether he

wanted to continue with the program. Based on these discussions, the drug court allowed Johnson

to stay in the program but recommended that he be admitted to inpatient treatment. At the close

of the hearing, the drug court told Johnson that inpatient treatment was his “last chance.” Verbatim

Rep. of Proc. (VRP) (Mar. 21, 2023) at 70.

Well, then you are staying. . . . I have to tell you, though, I will be right up front with you, all right? I am not going to pull any punches. You staying in the program is one hundred percent conditioned on you successfully completing the inpatient. If you leave or walk away against medical advice before you are done, before you successfully complete, or anything like that at all, that’s it. That’s the end of the line. This is a—this is a last chance scenario. So I am going to be right—I want to be right up front with you about that, okay? I don’t want to—I don’t want to get you having the wrong idea.

VRP (Mar. 21, 2023) at 70.

Johnson attended inpatient treatment and was discharged on May 26, 2023. But on June

5, 2023, Johnson relapsed again and failed to appear for both a UA appointment and treatment.

The next day, the State sent Johnson a “Notice of Violation” for these violations of the drug court

contract.

The next month, Johnson was arrested again on a drug court warrant and appeared before

the drug court; at which time, the State moved to revoke Johnson’s release from jail based on his

drug court violations. The drug court set the matter over for the next scheduled drug court session

on July 25.

3 No. 58761-1-II

III. TERMINATION FROM DRUG COURT

Johnson’s matter was continued two weeks to August 8, 2023. During the hearing, the

State explained that it was moving to terminate Johnson from drug court due to his

“noncompliance” with the drug court agreement and

[b]asically, for absconding and fail[ing] to attend court hearings and fail[ing] to attend treatment. He absconded from supervision and treatment. You know, we issued a warrant for his arrest for his failure to appear, let’s see June—June of this year. And I think he—I think he appeared before the [c]ourt on July 21st of this year, I think he spent some of that time in the Hoquiam jail on a [Department of Corrections] hold. But that’s not the first—that’s the second time he took off on us. And he contracted in January 23rd of this year. He absconded on February third, and we brought him into custody on that warrant on February 28th. And it looks like we held him in custody and then we sent him to inpatient on April 28th. And despite—despite that, once again, like I said, you know, in June, once he got out of inpatient and came back, he bailed on us again.

VRP (Aug. 8, 2023) at 73. The State also argued that given that Johnson had two charges of

physical control of a motor vehicle while under the influence and one charge of driving under the

influence that had all been committed, “within a span of months,” Johnson had “become a danger

to the community.” VRP (Aug. 8, 2023) at 73-74.

The State also filed a written motion to terminate; it alleged that Johnson had: (1) “failed

to attend court hearing or failed to abide by court orders or failed to comply with other conditions

of the drug court contract,” (2) “repeatedly failed to attend treatment sessions or failed to comply

with other conditions of treatment,” (3) “absconded from supervision/treatment,” and (4) violated

the contract in a number of other ways that were noted in attached drug court records that were

“incorporated by this reference.” CP at 199. The attached records stated that on June 5, Johnson

had violated the drug court agreement by “not presenting for his UA” and not attending treatment.

4 No. 58761-1-II

CP at 200. It also stated that on June 7, a warrant had been issued based on Johnson’s violations

and for not staying in approved housing.1

At the hearing, Johnson’s defense counsel conceded that “[t]he dates and information

provided by the State [were] correct,” but they argued that Johnson should remain in the program.

VRP (Aug. 8, 2023) at 74. Defense counsel explained that Johnson had only recently come to

terms with his mental health struggles “that [had] contributed to his inability to follow the

requirements of drug court,” and that he was hoping that the drug court could give him “one more

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