IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON
STATE OF WASHINGTON, ) No. 77865-0-I
Respondent, ) DIVISION ONE ) v. ) UNPUBLISHED OPINION
TREYKINARD ) (A.K.A. MATTHEW AARON), ) Appellant. ) FILED: April 15, 2019
ANDRUS, J. — Matthew Aaron appeals a condition of community custody
following his conviction for second-degree assault. Aaron challenges the
sentencing court’s order that he obtain a mental health evaluation, asserting there
is no evidentiary nexus between the underlying offense and any mental health
issues. He also contends the court erred in checking a box in the judgment and
sentence indicating the existence of aggravating circumstances.
We reverse the community custody condition requiring Aaron to seek a
mental health evaluation and remand for a sentencing court to make the requisite
factual findings required by RCW 9.94B.080. We also remand to correct the
scrivener’s error on the judgment and sentence. No. 77865-0-1/2
FACTS
The State charged Matthew Aaron1 of one count of second degree assault
(Count 1) and one count of felony harassment (Count 2).2 Count 1 alleged that on
May 22, 2017, Aaron assaulted Janet Ashfaq by strangulation. Count 2 alleged
that on May 22, 2017, Aaron threatened to cause imminent bodily injury to Ashfaq,
causing reasonable fear that the threat would be carried out. The State further
alleged that both crimes involved domestic violence and were part of “an ongoing
pattern of psychological, physical or sexual abuse of the same victim or multiple
victims manifested by multiple incidents over a prolonged period of time.”
The trial court granted a defense pretrial motion to preclude Ashfaq from
testifying that Aaron suffers from various “undiagnosed mental illnesses.”3 Shortly
thereafter, Aaron moved to remove his appointed counsel. Aaron explained to the
trial court that immediately before the incident with Ashfaq, he had been
hospitalized involuntarily through Harborview Medical Center’s mental health
system and may have been diagnosed with schizophrenia. He stated he did not
agree with counsel’s request to suppress his medical records. Aaron stated he
wanted his medical records considered and he wanted a mental health evaluation.
He disagreed w[th the trial court’s statement that his prior mental health records
may not necessarily be relevant. After a lengthy discussion with the trial court,
1 The Appellant’s name is Matthew Aaron. Aaron testified he used the name “Trey Kinard” as an alias in 1994 while enlisted in the Marine Corps. For purposes of this opinion, we will refer to the Appellant as Aaron. 2 The State also charged Aaron with a second count of second degree assault (Count 3). Count 3 alleged that on July 31, 2017, Aaron assaulted Janet Ashfaq by strangulation. Count 3 was severed from Counts 1 and 2, and was eventually dismissed. ~ Despite the trial court’s exclusion of testimony related to Aaron’s mental health, Aaron testified on direct examination that he suffered from depression. -2- No. 77865-0-1/3
Aaron chose not to represent himself and agreed to retain counsel.
On December 8, 2017, a jury found Aaron guilty of second degree assault,
but acquitted him of felony harassment. The jury subsequently found that the State
had proved the crime was an aggravated domestic violence offense. However,
the special verdict form misidentified the underlying crime as violation of a court
order. As a result, the sentencing court concluded the verdict form was legally
flawed and could not support an exceptional sentence.
At Aaron’s sentencing on December20 and 21, 2017, Ashfaq told the court
that Aaron “needs counseling [and] needs help” and that Aaron had been
diagnosed with bipolar disorder. Ashfaq further said “I would like that to be
considered and see that he gets counseling, see that he gets medication.”
Aaron appeared to agree, saying “It has been no secret that I have mental
health issues.” He also admitted to having Post-Traumatic Stress Disorder (PTSD)
resulting from emotional and physical injuries sustained while serving in the Marine
Corps. Aaron said: “Your Honor, I do need mental health treatment. I know that.
I been trying to get help the whole time while I was here. [The prosecution], due
to what I understand, denied me. I never was allowed to see a psychiatrist . .
Aaron told the court he had been hospitalized following a mental breakdown a
month prior to the incident. He also admitted to having bipolar disorder, and
possibly schizophrenia. He informed the court he had no problem with the State’s
request that he participate in mental health treatment, saying “As a matter of fact,
if the courts do that, at least I don’t have to pay for it.” Aaron’s counsel, however,
objected to court-mandated mental health treatment because there was no nexus
between the crime of conviction and the requested treatment. -3- No. 77865-0-1/4
The court sentenced Aaron to 12 months in jail followed by 12 months
community custody. As a condition of community custody, the court required
Aaron to receive a mental health evaluation and follow treatment
recommendations and to complete a Domestic Violence Batterer’s Treatment or a
cognitive behavioral therapy alternative.4 It waived Aaron’s DNA collection fee
pursuant to RCW 9.94A.777, citing to Aaron’s previous mental health commitment.
On appeal, Aaron contends the sentencing court erred in ordering a mental
health evaluation and treatment because it did not find, as required by RCW
9.94B.080, that Aaron’s mental illness is likely to have influenced the crime for
which he was convicted.
ANALYSIS
A court may only impose a sentence that is authorized by statute. State v.
Barnett, 139 Wn.2d 462, 464, 987 P.2d 626 (1999). This court reviews community
custody conditions for abuse of discretion and will reverse them if manifestly
unreasonable. State v. Padilla, 190 Wn.2d 672, 677, 416 P.3d 712 (2018). A
condition of community custody is manifestly unreasonable if it is beyond the
court’s authority to impose. State v. Johnson, 184 Wn. App. 777, 779, 340 P.3d
230 (2014).
When an individual is sentenced for one year or less for a violent offense,5
the Sentencing Reform Act allows the court to impose up to one year of community
custody. RCW 9.94A.702(1)(b). The court may order an offender to “[p]articipate
~ Aaron does not appeal the condition of community custody requiring him to undergo counseling for domestic violence. ~ Former ROW 9.94A.030(55)(viii) classified second-degree assault as a violent offense. LAWS OF 2015, ch. 287, § 1.
-4- No. 77865-0-1/5
in crime-related treatment or counseling services,” or “{p}articipate in rehabilitative
programs or otherwise perform affirmative conduct reasonably related to the
circumstances of the offense, the offender’s risk of reoffending, or the safety of the
community.” RCW
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IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON
STATE OF WASHINGTON, ) No. 77865-0-I
Respondent, ) DIVISION ONE ) v. ) UNPUBLISHED OPINION
TREYKINARD ) (A.K.A. MATTHEW AARON), ) Appellant. ) FILED: April 15, 2019
ANDRUS, J. — Matthew Aaron appeals a condition of community custody
following his conviction for second-degree assault. Aaron challenges the
sentencing court’s order that he obtain a mental health evaluation, asserting there
is no evidentiary nexus between the underlying offense and any mental health
issues. He also contends the court erred in checking a box in the judgment and
sentence indicating the existence of aggravating circumstances.
We reverse the community custody condition requiring Aaron to seek a
mental health evaluation and remand for a sentencing court to make the requisite
factual findings required by RCW 9.94B.080. We also remand to correct the
scrivener’s error on the judgment and sentence. No. 77865-0-1/2
FACTS
The State charged Matthew Aaron1 of one count of second degree assault
(Count 1) and one count of felony harassment (Count 2).2 Count 1 alleged that on
May 22, 2017, Aaron assaulted Janet Ashfaq by strangulation. Count 2 alleged
that on May 22, 2017, Aaron threatened to cause imminent bodily injury to Ashfaq,
causing reasonable fear that the threat would be carried out. The State further
alleged that both crimes involved domestic violence and were part of “an ongoing
pattern of psychological, physical or sexual abuse of the same victim or multiple
victims manifested by multiple incidents over a prolonged period of time.”
The trial court granted a defense pretrial motion to preclude Ashfaq from
testifying that Aaron suffers from various “undiagnosed mental illnesses.”3 Shortly
thereafter, Aaron moved to remove his appointed counsel. Aaron explained to the
trial court that immediately before the incident with Ashfaq, he had been
hospitalized involuntarily through Harborview Medical Center’s mental health
system and may have been diagnosed with schizophrenia. He stated he did not
agree with counsel’s request to suppress his medical records. Aaron stated he
wanted his medical records considered and he wanted a mental health evaluation.
He disagreed w[th the trial court’s statement that his prior mental health records
may not necessarily be relevant. After a lengthy discussion with the trial court,
1 The Appellant’s name is Matthew Aaron. Aaron testified he used the name “Trey Kinard” as an alias in 1994 while enlisted in the Marine Corps. For purposes of this opinion, we will refer to the Appellant as Aaron. 2 The State also charged Aaron with a second count of second degree assault (Count 3). Count 3 alleged that on July 31, 2017, Aaron assaulted Janet Ashfaq by strangulation. Count 3 was severed from Counts 1 and 2, and was eventually dismissed. ~ Despite the trial court’s exclusion of testimony related to Aaron’s mental health, Aaron testified on direct examination that he suffered from depression. -2- No. 77865-0-1/3
Aaron chose not to represent himself and agreed to retain counsel.
On December 8, 2017, a jury found Aaron guilty of second degree assault,
but acquitted him of felony harassment. The jury subsequently found that the State
had proved the crime was an aggravated domestic violence offense. However,
the special verdict form misidentified the underlying crime as violation of a court
order. As a result, the sentencing court concluded the verdict form was legally
flawed and could not support an exceptional sentence.
At Aaron’s sentencing on December20 and 21, 2017, Ashfaq told the court
that Aaron “needs counseling [and] needs help” and that Aaron had been
diagnosed with bipolar disorder. Ashfaq further said “I would like that to be
considered and see that he gets counseling, see that he gets medication.”
Aaron appeared to agree, saying “It has been no secret that I have mental
health issues.” He also admitted to having Post-Traumatic Stress Disorder (PTSD)
resulting from emotional and physical injuries sustained while serving in the Marine
Corps. Aaron said: “Your Honor, I do need mental health treatment. I know that.
I been trying to get help the whole time while I was here. [The prosecution], due
to what I understand, denied me. I never was allowed to see a psychiatrist . .
Aaron told the court he had been hospitalized following a mental breakdown a
month prior to the incident. He also admitted to having bipolar disorder, and
possibly schizophrenia. He informed the court he had no problem with the State’s
request that he participate in mental health treatment, saying “As a matter of fact,
if the courts do that, at least I don’t have to pay for it.” Aaron’s counsel, however,
objected to court-mandated mental health treatment because there was no nexus
between the crime of conviction and the requested treatment. -3- No. 77865-0-1/4
The court sentenced Aaron to 12 months in jail followed by 12 months
community custody. As a condition of community custody, the court required
Aaron to receive a mental health evaluation and follow treatment
recommendations and to complete a Domestic Violence Batterer’s Treatment or a
cognitive behavioral therapy alternative.4 It waived Aaron’s DNA collection fee
pursuant to RCW 9.94A.777, citing to Aaron’s previous mental health commitment.
On appeal, Aaron contends the sentencing court erred in ordering a mental
health evaluation and treatment because it did not find, as required by RCW
9.94B.080, that Aaron’s mental illness is likely to have influenced the crime for
which he was convicted.
ANALYSIS
A court may only impose a sentence that is authorized by statute. State v.
Barnett, 139 Wn.2d 462, 464, 987 P.2d 626 (1999). This court reviews community
custody conditions for abuse of discretion and will reverse them if manifestly
unreasonable. State v. Padilla, 190 Wn.2d 672, 677, 416 P.3d 712 (2018). A
condition of community custody is manifestly unreasonable if it is beyond the
court’s authority to impose. State v. Johnson, 184 Wn. App. 777, 779, 340 P.3d
230 (2014).
When an individual is sentenced for one year or less for a violent offense,5
the Sentencing Reform Act allows the court to impose up to one year of community
custody. RCW 9.94A.702(1)(b). The court may order an offender to “[p]articipate
~ Aaron does not appeal the condition of community custody requiring him to undergo counseling for domestic violence. ~ Former ROW 9.94A.030(55)(viii) classified second-degree assault as a violent offense. LAWS OF 2015, ch. 287, § 1.
-4- No. 77865-0-1/5
in crime-related treatment or counseling services,” or “{p}articipate in rehabilitative
programs or otherwise perform affirmative conduct reasonably related to the
circumstances of the offense, the offender’s risk of reoffending, or the safety of the
community.” RCW 9.94A.703(3)(c)-(d).
Additionally, RCW 9.94B.0806 provides:
The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW 71 .24.025, and that this condition is likely to have influenced the offense. An order requiring mental status evaluation or treatment may be based on a presentence report and, if applicable, mental status evaluations that have been filed with the court to determine the offender’s competency or eligibility for a defense of insanity. The court may order additional evaluations at a later date if deemed appropriate.
In State v. Shelton, 194 Wn. App. 660, 675-76, 378 P.3d 230 (2016), this
court held that under the plain and unambiguous language of ROW 9.94B.080, the
sentencing court may order a mental health evaluation only if the court finds the
defendant “is a mentally ill person as defined in ROW 71 .24.025 and mental illness
likely influenced the offense.”7 Here, the sentencing court did not make the
requisite factual findings.
Although there is ample evidence that Aaron suffers from depression, and
possibly bipolar disorder, schizophrenia, and PTSD, the sentencing court did not
6 RCW 9.94B.080 applies to crimes committed after 2009. LAWS OF 2008, ch. 231, § 55. ~ Although the Shelton court analyzed an earlier version of the statute that required a presentence report prior to ordering any mental health evaluation or treatment, LAWS OF 2008, ch. 231, § 53, the statutory language requiring findings that a defendant has a mental illness and that the defendants mental illness likely influenced the offense remain unchanged.
-5- No. 77865-0-1/6
find Aaron meets the definition of a “mentally ill person” as defined by statute8 or
that this mental illness “likely influenced” his assault of Ashfaq. Under Shelton, the
sentencing court must do so before imposing a mental health evaluation condition
of community custody.
Aaron also raises an issue regarding the form of the judgment and
sentence. The court declined to impose an exceptional sentence in this case
because of the erroneous special verdict form. The judgment and sentence
nevertheless noted the presence of an aggravating factor. Both parties agree that
this is a scrivener’s error. The remedy for such a clerical error is correction on
remand. See In re Pers. Rest. of Mayer, 128 Wn. App. 694, 701-02, 117 P.3d 353
(2005).
We reverse the community custody condition requiring Aaron to undergo a
mental health evaluation and remand for the trial court to make the requisite
findings under RCW 9.94B.080. Additionally, the clerical error in the judgment and
sentence should be corrected on remand.
Reversed.
WE CONCUR: ~a .~
4 4\9~ 8 Former ROW 71.24.025(19) defined “mentally ill persons” as persons who were “acutely mentally ill,” former ROW 71.24.025(1), ‘chronically mentally ill,” former ROW 71.24.025(6) and “seriously disturbed,” former ROW 71.24.025(27). -6-