State v. Armendariz

156 P.3d 201
CourtWashington Supreme Court
DecidedApril 19, 2007
Docket78452-3
StatusPublished
Cited by419 cases

This text of 156 P.3d 201 (State v. Armendariz) 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
State v. Armendariz, 156 P.3d 201 (Wash. 2007).

Opinion

156 P.3d 201 (2007)

STATE of Washington, Respondent,
v.
Ismael ARMENDARIZ, Petitioner.

No. 78452-3.

Supreme Court of Washington, En Banc.

Argued March 13, 2007.
Decided April 19, 2007.

*202 Elaine L Winters, Washington Appellate Project, Seattle, WA, for Petitioner.

Scott Frederick Leist, James Morrissey Whisman, King County Prosecutor's Office, Prosecuting Atty. King County, King County Pros/App Unit Supervisor, Seattle, WA, for Respondent.

J.M. JOHNSON, J.

¶ 1 The Sentencing Reform Act of 1981(SRA), chapter 9.94A RCW, authorizes trial courts to impose crime-related prohibitions[1] as part of defendants' sentences.[2] We conclude that, as part of any felony sentence, such crime-related prohibitions may include orders prohibiting contact with victims or witnesses for the statutory maximum term. Thus, we hold that the trial court in the present case did not abuse its discretion in imposing a five-year no-contact order as part of petitioner Ismael Armendariz's sentence for third-degree assault.[3]

FACTS AND PROCEDURAL HISTORY

¶ 2 In November 2003, the Seattle Municipal Court issued an order forbidding Armendariz from having contact with Ms. Nonas-Truong through May 2004. However, in January 2004, Armendariz went to Nonas-Truong's residence. After arguing with Nonas-Truong, Armendariz left the premises. Later that same day, police responded to a 911 call reporting a possible domestic violence incident at the home. Upon arrival, Officer Chittenden went inside the residence to speak with Nonas-Truong and locked the door. While Officer Chittenden was inside, Armendariz returned and began yelling and banging on the front door. Officer Chittenden called for back-up, but then opened the door before his back-up arrived because he was afraid Armendariz would flee. Armendariz and Officer Chittenden ended up in a struggle, fighting on the floor until other officers arrived and helped take Armendariz into custody. Both Officer Chittenden and Armendariz suffered injuries for which they received medical treatment.

¶ 3 Armendariz was charged with third-degree assault and misdemeanor violation of a court order. Clerk's Papers (CP) at 1-2. A jury found Armendariz guilty as charged. CP at 30, 54. For the assault, Armendariz was sentenced to three months in jail followed by 12 months' community custody. CP at 34. The court also issued an order prohibiting Armendariz from contacting Nonas-Truong for five years. CP at 34. Additionally, the court imposed a condition of Armendariz's community custody prohibiting contact with Nonas-Truong. CP at 37. For violating a court order, the court gave Armendariz a 12-month suspended sentence on the condition that he serve five months in jail, have no contact with Nonas-Truong, and complete a domestic-violence treatment program. CP at 38-39.

¶ 4 Armendariz appealed his judgment and sentence to Division One of the Court of Appeals. See State v. Armendariz, 131 Wash.App. 1036, 2006 WL 322363, at *3, 2006 Wash.App. LEXIS 185, at *4 (per curiam) (unpublished). Armendariz's claims included: (1) that he received ineffective assistance of counsel, (2) that his postarrest statement was erroneously admitted into evidence, (3) *203 that the trial court exceeded its statutory authority in issuing a no-contact order regarding Nonas-Truong as part of Armendariz's sentence for assaulting Officer Chittenden, and (4) that the trial court exceeded its authority in ordering Armendariz to participate in domestic violence treatment. Id., 2006 WL 322363, at **2, 3, 4, at **4, 6, 10, 12. The Court of Appeals rejected all of Armendariz's claims. Id., 131 Wash.App. 1036, 2006 WL 32236, at ** 2, 3, 4 at **6, 9, 12, 13.

¶ 5 In his petition for review, Armendariz submitted four issues to this court. We granted review solely as to the trial court's authority to impose a no-contact order effective for a term equal to the statutory maximum for Armendariz's assault offense. State v. Armendariz, 158 Wash.2d 1018, 149 P.3d 378 (2006).

ANALYSIS

A. Standard of Review

¶ 6 The imposition of crime-related prohibitions is generally reviewed for abuse of discretion. State v. Ancira, 107 Wash. App. 650, 653, 27 P.3d 1246 (2001). However, the key question in this case is not whether the trial court abused its discretion in exercising admittedly existing authority, but rather whether the trial court had any authority under the SRA to impose the no-contact order at issue. Because this case hinges on a matter of statutory interpretation, de novo is the appropriate standard of review. State v. J.P., 149 Wash.2d 444, 449, 69 P.3d 318 (2003).

¶ 7 The goal of statutory interpretation is to discern and implement the legislature's intent. J.P., 149 Wash.2d at 450, 69 P.3d 318. In interpreting a statute, this court looks first to its plain language. Id. If the plain language of the statute is unambiguous, then this court's inquiry is at an end. Id. The statute is to be enforced in accordance with its plain meaning. Id.

¶ 8 Where the plain language of the statute is subject to more than one reasonable interpretation, it is ambiguous. Cockle v. Dep't of Labor & Indus., 142 Wash.2d 801, 808, 16 P.3d 583 (2001). This court may attempt to discern the legislative intent underlying an ambiguous statute from its legislative history. Id. Likewise, this court may look to authoritative agency interpretations of disputed statutory language. Port of Seattle v. Pollution Control Hearings Bd., 151 Wash.2d 568, 593, 90 P.3d 659 (2004).

B. Trial Court Authority to Impose No-Contact Orders as Part of Defendants' Sentences

¶ 9 Prior to 2001, trial courts had express statutory authority to impose orders like the five-year no-contact order at issue here. Specifically, former RCW 9.94A.120(20) (2000) authorized the imposition of no-contact orders for a term equal to the statutory maximum for the defendant's crime.[4]See also State v. Miniken, 100 Wash.App. 925, 928, 999 P.2d 1289 (discussing trial court authority to impose no-contact orders under former RCW 9.94A.120(20)), review denied, 142 Wash.2d 1009, 16 P.3d 1267 (2000). The statutory maximum term for third-degree assault is five years. See RCW 9A.36.031(2) (third-degree assault is a class C felony); RCW 9A.20.021(1)(c) (maximum five years' confinement for class C felonies). Thus, former RCW 9.94A.120

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Bluebook (online)
156 P.3d 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-armendariz-wash-2007.