State v. Chandler

240 P.3d 159, 158 Wash. App. 1
CourtCourt of Appeals of Washington
DecidedAugust 3, 2010
DocketNo. 38726-3-II
StatusPublished
Cited by15 cases

This text of 240 P.3d 159 (State v. Chandler) 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.

Bluebook
State v. Chandler, 240 P.3d 159, 158 Wash. App. 1 (Wash. Ct. App. 2010).

Opinion

Armstrong, J.

¶1 Bobby Ray Chandler appeals his sentence for felony driving under the influence (DUI), arguing (1) the State’s evidence of his prior convictions was insufficient to elevate his DUI to a felony and (2) his counsel ineffectively represented him by failing to make a record of a sidebar conference. Finding no reversible error, we affirm.

[4]*4FACTS

¶2 On June 7, 2008, Washington State Trooper Gil Vandenkooy arrested Chandler for DUI. Because Chandler had four prior DUI-related offenses within the preceding 10 years, the State charged felony DUI.1 ROW 46.61.502(6), .5055(13). Before trial, the State agreed not to use Chandler’s criminal history in its case-in-chief. Chandler waived his right to have a jury establish his prior convictions beyond a reasonable doubt, allowing the State to offer and prove his criminal history by a preponderance of the evidence if the jury found him guilty.

¶3 During the State’s key witness’s testimony, defense counsel requested a sidebar conference. The following exchange took place:

DEFENSE COUNSEL: Sorry, Your Honor, may we have a quick side bar?
THE COURT: You won’t have a record.
DEFENSE COUNSEL: That’s fine.
(A side bar was held.)
THE COURT: Sorry we will be at a short break. We will take a recess.
(Recess taken.)

Report of Proceedings (RP) at 156. The content of the sidebar conference appears nowhere in the record.

¶4 The jury found Chandler guilty as charged. At sentencing, the State requested the maximum 60-month term for a felony DUI. Chandler stipulated to three prior convictions, but he argued that the State had not established a fourth conviction necessary to punish the crime as a felony. Chandler specifically objected to the State’s use of certified trial court docket sheets, which were offered to prove six [5]*5additional DUI-related convictions.2 Despite acknowledging that the docket sheets were not the best evidence of prior convictions, the trial court found them sufficiently reliable to prove Chandler’s criminal history by a preponderance of the evidence. The court sentenced Chandler to 60 months’ total confinement.

ANALYSIS

Prior Convictions

¶5 Chandler argues the certified trial court docket sheets are insufficient to prove his prior convictions. Chandler reasons that the documents do not possess the required indicia of reliability and that the State did not explain its failure to produce certified copies of the judgments and sentences. The State relies on State v. Labarbera, 128 Wn. App. 343, 348, 115 P.3d 1038 (2005), which held that certified printouts of court documents are sufficient to prove a criminal history by a preponderance of the evidence.

¶6 Although prior convictions that are elements of a crime must generally be proved beyond a reasonable doubt, State v. Roswell, 165 Wn.2d 186, 192, 196 P.3d 705 (2008), Chandler waived this right, allowing the State to prove his criminal history by a preponderance of the evidence. The best evidence of a prior conviction is a certified copy of the judgment and sentence. State v. Lopez, 147 Wn.2d 515, 519, 55 P.3d 609 (2002). The State may introduce other comparable evidence only if it shows that a certified copy of the judgment is unavailable for some reason other than the serious fault of the proponent. Lopez, 147 Wn.2d at 519 (citing State v. Fricks, 91 Wn.2d 391, 397, 588 P.2d 1328 (1979)). The State then bears the burden of assuring the sentencing court that the comparable evidence [6]*6bears “ ‘some minimal indicium of reliability beyond mere allegation.’ ” State v. Mendoza, 165 Wn.2d 913, 920, 205 P.3d 113 (2009) (emphasis omitted) (internal quotation marks omitted) (quoting State v. Ford, 137 Wn.2d 472, 481, 973 P.2d 452 (1999)).

¶7 Court-generated documents, other than judgments and sentences, can be sufficient to prove prior convictions. For example, in State v. Blunt, 118 Wn. App. 1, 71 P.3d 657 (2003), the State submitted a “Lewis County District Court Docket” printout to prove that the defendant had been found guilty of a prior DUI. Blunt, 118 Wn. App. at 5, 8-9 (affirming the defendant’s sentence because the docket bore a minimum indicium of reliability and was not challenged by the defendant). To show that the document was reliable, the State had a court administrator testify to the general purpose and use of court dockets, that the docket at issue accorded with the way the court’s dockets normally appear, and that it reflected the defendant’s birth date, driver’s license number, height, weight, and eye and hair color. Blunt, 118 Wn. App. at 5. In Labarbera, we found a presentence investigation report and a printout from the District Court Information System reliable to prove the defendant’s prior Washington convictions. Labarbera, 128 Wn. App. at 348. Typically, records other than a judgment and sentence are sufficient to prove a defendant’s criminal record if they are court-certified. State v. Rivers, 130 Wn. App. 689, 701, 128 P.3d 608 (2005).

¶8 Less clear is what constitutes a sufficient showing that the best evidence of a prior conviction is unavailable. In Labarbera, 128 Wn. App. at 350-51, we found the presentence investigation report and court printout sufficient even though copies of judgments and sentences were in fact available. Nonetheless, under Lopez, 147 Wn.2d at 519, the State has the burden of showing that the best evidence is unavailable. In Blunt, 118 Wn. App. at 5, the court administrator explained that the court had only a docket sheet because court files are destroyed after five years. Conversely, in Rivers, 130 Wn. App. at 705, the court [7]*7rejected the State’s proof of a prior conviction where it failed to offer a certified copy of the judgment and sentence and provided no explanation of why it failed to do so. And in State v. Mendoza, 139 Wn. App. 693, 712-13, 162 P.3d 439 (2007), aff'd, 165 Wn.2d 913 (2009), we found a prosecutor’s statement of the defendant’s criminal history insufficient, in part because the State failed to produce certified copies of the judgment or sentence and failed to provide a reason for the omission.

¶9 Here, the State provided certified copies of court docket sheets from Tacoma Municipal Court, Puyallup Municipal Court, and King County District Court. In addition to these documents, the State submitted a certified copy of Chandler’s driver’s license, indicating his address, sex, height, weight, and eye and hair color.

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Cite This Page — Counsel Stack

Bluebook (online)
240 P.3d 159, 158 Wash. App. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chandler-washctapp-2010.