State v. Crabtree

116 Wash. App. 536
CourtCourt of Appeals of Washington
DecidedApril 17, 2003
DocketNo. 20786-2-III
StatusPublished
Cited by6 cases

This text of 116 Wash. App. 536 (State v. Crabtree) 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. Crabtree, 116 Wash. App. 536 (Wash. Ct. App. 2003).

Opinion

Sweeney, J.

A juvenile court judge has discretion to impose a sentence below the standard range upon a finding of [539]*539manifest injustice. State v. Sledge, 133 Wn.2d 828, 844, 947 P.2d 1199 (1997). The finding must be supported by reasons. RCW 13.40.230(2)(a); State v. Duncan, 90 Wn. App. 808, 812, 960 P.2d 941 (1998). But those reasons are not limited to the factors specified in the Juvenile Justice Act of 1977, chapter 13.40 RCW. See, e.g., State v. K.E., 97 Wn. App. 273, 283, 982 P.2d 1212 (1999).

Here, a juvenile court judge found a manifest injustice and imposed a sentence below the standard range based upon: (1) the extreme youth of the juvenile at the time of his earlier criminal history, (2) the absence of effective treatment in the institution, (3) his good progress in the community, (4) the negative effect on the community of institutionalizing him, and (5) the underlying purposes of the juvenile justice act. These constitute tenable grounds and tenable reasons for the judge’s doing what he did. We therefore find no abuse of discretion and affirm the sentence.

FACTS

Twelve-year-old Tristan Crabtree faced sentencing for several charges, including third degree theft and attempted burglary. The most serious charges were residential burglary and possession of a stolen firearm for entering the residence of his mother’s boyfriend and taking a gun. His offender score of four raised the standard range sentence from local sanctions to 119-166 weeks of confinement. This offender score was based on offenses committed when Tristan was 10 and 11 years old.

The court found this to be an unusual situation. It ruled that the standard range was excessive and opted for a community-based disposition, which would not have been possible with a sentence in this standard range.

The court entered findings that Tristan’s mother was in a treatment program and was “making great progress in her own therapy.” Clerk’s Papers (CP) at 177. The court found this to be “an absolutely essential change.” Report of [540]*540Proceedings (RP) (Jan. 2, 2002) at 10. The court was impressed by the fact that Tristan had not been in any kind of trouble during the seven months since the current offenses occurred. His mother testified that he was receiving effective medication for the first time in his life. And she believed he was sincerely trying to improve his behavior. His mother also reported success in her own efforts to improve her parenting skills and her ability to work with him. Tristan’s therapist worked closely with his school. She was also involved in his rigorous behavior modification plan.

The judge was greatly troubled by the drastic effect of the offender score because of Tristan’s age when it was compiled. After reviewing “a huge number of documents,” reading every page and taking extensive notes, the court found that Tristan had “significant emotional and mental health issues which require treatment.” RP (Dec. 12, 2001) at 5; CP at 177. The judge concluded that treatment programs available in the institutions were inadequate. Meanwhile, community-based treatment was finally working. And Tristan was making unprecedented progress.

The judge considered the multiple purposes of the juvenile justice act and public safety. He then concluded that a lengthy incarceration would do Tristan more harm than good and would adversely affect public safety in the long run. The court decided that it was now or never for this juvenile and that community-based treatment was the preferred disposition. The court concluded that a standard range sentence would effect a manifest injustice.

At the first disposition hearing on December 12, 2001, the judge called upon counsel and everyone present in the courtroom to join him in devising an appropriate disposition. He decided that “a little time in detention” was necessary. RP (Dec. 12, 2001) at 36. The court continued the disposition proceedings to give everyone time to think it over. Meanwhile, Tristan remained in detention for 26 days.

On January 2, 2002, the disposition proceedings resumed. The court then imposed 30 days’ confinement — 30 [541]*541days concurrent on each of two of the five counts and 5 days concurrent on two more. This was in addition to the four weeks Tristan had already spent in detention. On the fifth count, the court imposed the standard range of 15-36 weeks, suspended the sentence, and imposed a chemical dependency disposition alternative (CDDA).1 The court added on three years’ probation.

The State appeals, contending that the court abused its discretion in finding a manifest injustice and that the court lacked the discretion to impose CDDA as a matter of law.

DISCUSSION

The juvenile court must impose a standard range disposition unless it finds that to do so would result in a manifest injustice. RCW 13.40.0357; RCW 13.40.160(2). As applied here, manifest injustice means an excessive penalty imposed on the juvenile in light of the purposes of the juvenile justice act. K.E., 97 Wn. App. at 278-79.

Standard of Review

We review the superior court’s interpretation of the juvenile justice act de novo. State v. Beaver, 148 Wn.2d 338, 344, 60 P.3d 586 (2002). We then review the court’s determination of manifest injustice for abuse of discretion. Sledge, 133 Wn.2d at 844.

Scope of Review

Our review is limited to the record that was before the disposition court. RCW 13.40.230(1). But we may also consider the court’s oral ruling. State v. E.J.H., 65 Wn. App. 771, 775, 830 P.2d 375 (1992).

Statutory Interpretation

Particularly when interpreting the juvenile justice act, we must avoid narrow, semantic interpretations that defeat the purposes of the legislature. Beaver, 148 Wn.2d at 344. To uphold the juvenile court’s finding that a standard [542]*542range disposition would effect a manifest injustice, we must conclude (1) that the reasons supplied by the disposition judge are supported by the record and (2) that those reasons clearly and convincingly support the conclusion. RCW 13.40.230(2)(a).

The Court’s Findings

We conclude that the record amply supports the judge’s findings here.

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Bluebook (online)
116 Wash. App. 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-crabtree-washctapp-2003.