State v. Ford

942 P.2d 1064, 87 Wash. App. 794
Court of Appeals of Washington·Decided September 2, 1997·No. No. 38637-9-I·Published·Cited by 2 cases

Opinion

Coleman, J.

Earl Lee Ford appeals an exceptional sentence imposed after he pleaded guilty to a number of first degree theft charges. In calculating Ford’s offender score as 11 under the Sentencing Reform Act of 1981 (SRA), the lower court included three prior California convictions in Ford’s criminal history. Ford acknowledged that he had pleaded guilty to the three offenses and raised no objection to the State’s assertion that they would be felonies under Washington law. He argued that they should not count as convictions only because he had been [796] civilly committed. On appeal, Ford argues that the State failed to prove that the offenses would be classified as felonies in Washington. Because the record contains no facts to support Ford’s claim that the California offenses might not be comparable to felonies in Washington, we affirm the calculation of Ford’s offender score. We also affirm the exceptional sentence.

Ford pleaded guilty to six counts of first degree theft and one count of attempted theft. In his statement on plea of guilty, Ford stipulated to the facts in the certification of probable cause for sentencing purposes. As a typical example of Ford’s crimes, we recite the facts as alleged in count 1.

In November 1993, Ford met sixty-eight-year-old Tendon Wakely and said that he had come from South Africa to collect a large insurance settlement on his brother’s death. Ford explained that he had received the proceeds but that the South African government would not allow blacks to bring money back into the country. Ford corroborated his story with a phony letter on a law firm’s letterhead, indicating his receipt of the settlement funds. He also showed Wakely a letter from the "South Africa Evangelical Lutheran Church” stating that he could not return with the money.

When Ford said that he wanted to donate the money to a church, Wakely offered to drive him to one. On the way, Ford suggested that they stop at a restaurant. When the two got out of Wakely’s car, they encountered Ford’s accomplice. After striking up a conversation, Ford said that he might give his money to Wakely and the accomplice to donate to charities if he could be assured that they would not keep it for themselves. The accomplice suggested that he and Wakely prove their honesty by withdrawing cash from their bank accounts as a show of good faith.

After the accomplice purportedly withdrew cash from his bank account, he gave Ford an envelope, stating that it contained $15,000. Ford then added a large roll of what [797] appeared to be hundred-dollar bills. The accomplice took the envelope and went back into his bank to deposit the entire amount.

Ford then asked Wakely if he was equally honest and Wakely agreed to withdraw money from his bank. Wakely withdrew $11,000 and made a $4,000 cash advance against his credit card. Ford took the cash and wrapped it in a piece of cloth. He then appeared to add two rolls of hundred-dollar bills and tied the cloth into a bundle. When Wakely later opened the cloth, he found that it contained newspaper scraps. Ford and his accomplice had walked away with Wakely’s $15,000.

The other six counts against Ford involved similar con schemes. Ford stipulated that his seven victims’ ages ranged from 66 to 83. His plea agreement warned that the prosecutor would seek an exceptional sentence.

At the sentencing hearing, Ford objected to the State’s inclusion of three prior California convictions for grand theft and forgery in his criminal history. The State had alleged that all three offenses were felonies under Washington law. Ford argued that although he had pleaded guilty to the crimes, he had been civilly committed as a drug addict under California law. He claimed that commitments under California’s Civil Addicts Act only count as "convictions” for sentencing purposes in narcotics cases. Ford also argued that the commitments were subject to discharge upon his completion of drug rehabilitation programs and therefore should not count as convictions under the SRA. He did not dispute that his acts would constitute felonies under Washington law. Excluding the California offenses, Ford computed his offender score as 8.

The court found that the three California offenses counted as felony convictions and calculated Ford’s offender score as 11. An offender score of "9 or more” yielded a standard sentencing range of 43 to 57 months for each first degree theft count. The court, however, imposed concurrent sentences of 120 months for each theft count and 60 months for the attempted theft.

[798] Besides appealing his offender score calculation, Ford assigns error to the following findings of fact in support of the exceptional sentence:

1.1 The defendant targeted elderly and disabled men whose average age was 74 years[.]
1.2 Ford knew of their vulnerability due in large part to his past criminal activity. In Ford’s California convictions he targeted elderly women.
1.3 The violence of financial devastation is felt even more keenly by the elderly who face increasing health care costs and decreased or no opportunity for income recoupment. They are close to, if not already, retired and do not face a future of income growth to supplement their loss. They must often suffer cutbacks in their anticipated standard of living and retirement plans. The emotional trauma is also devastating.

Ford also challenges the sentencing court’s conclusions of law:

2.1 There are substantial and compelling reasons justifying the imposition of an exceptional sentence above the standard range upon the defendant.
2.2 The victims of these crimes were particularly vulnerable due to their advanced age. RCW 9.94A.390(2)(b).
2.3 The current thefts were major economic offenses justifying an exceptional sentence.
2.4 The high level of planning and sophistication involved with these crimes justifies an exceptional sentence. RCW 9.94A.390(2)(c)(iii).
2.5 An outer range sentence is justified in particular given the offender score of the defendant. RCW 9.94A.390(2)(g).

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Ford, 942 P.2d 1064, 87 Wash. App. 794 (Wash. Ct. App. 1997).

942 P.2d 1064 (State v. Ford) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Ford
973 P.2d 452 (Washington Supreme Court, 1999)