State v. Gossage

195 P.3d 525, 165 Wash. 2d 1
Washington Supreme Court·Decided November 13, 2008·No. No. 80310-2·Published·Cited by 30 cases

Opinion

Owens, J.

¶1 — Petitioner Henry Gossage, a convicted felon, served his sentence, completed community custody, and paid part of his restitution obligation. This case requires us to consider whether Gossage is entitled to a certificate of discharge even though he did not pay bis restitution obligations in full. The Court of Appeals held that Gossage was not entitled to a certificate of discharge, even though his restitution order expired 10 years after his release.

¶2 We reverse the Court of Appeals and hold that, under the plain language of RCW 9.94A.760(4), Gossage’s legal financial obligations (LFOs) expired 10 years after he was [4] released from confinement. As a result, Gossage has no outstanding sentencing requirements and is entitled to a certificate of discharge.

FACTS

¶3 In 1992, Gossage pleaded guilty to four felony sex offenses, all committed against his adopted daughter. At sentencing on May 29,1992, the trial court ordered Gossage to pay a $100.00 victim’s assessment, $85.50 in court costs, and restitution in an amount to be determined.

¶4 On August 31, 1992, the court set the restitution in the amount of $2,374.88. Nearly four years later, Gossage moved to strike the restitution order as untimely. The court denied the motion, stating that Gossage’s petition was untimely under CrR 7.8. Gossage appealed, and the Court of Appeals affirmed the trial court in an unpublished opinion. State v. Gossage, noted at 92 Wn. App. 1039 (1998). We denied review. State v. Gossage, 138 Wn.2d 1002, 984 P.2d 1034 (1999).

¶5 Gossage completed his term of imprisonment in June 1995 and was transferred to community custody. His terms of community custody required him to pay a minimum of $20.00 per month toward his LFOs (restitution, costs, and fees).

¶6 On November 4, 2003, the Department of Corrections released Gossage from community supervision. At that time, Gossage had paid $990.50 of his LFOs, meaning that he had paid only about half of his $20.00 per month requirement. See Suppl. Br. of Resp’t at 3 n.l. Gossage had also accrued $2,451.10 in interest, bringing his LFO total to $4,020.98.

¶7 A federal administrative law case shows that Gossage sought employment in his former occupation as an industrial hygienist with the federal Occupational Safety and Health Administration, but the Office of Personnel Management deemed him ineligible for employment in part because [5] of his outstanding restitution obligation. Gossage v. Office of Pers. Mgmt., 163 F. App’x 909, 912 (2006).

¶8 In December 2005, Gossage filed a pro se “Petition for: Certificate of Rehabilitation-Discharge, Restoration of Civil Rights, Relief from Firearms Disability, and Relief from Registration” in the King County Superior Court. Clerk’s Papers at 20. He asserted that he had satisfied all the requirements of his sentence. He submitted evidence that he had not been convicted of any additional offenses and that he had registered as a level one sex offender as required. At that time, the no-contact order from his criminal judgment had also expired. The trial court denied his petition.

¶9 Gossage appealed. On appeal, the State argued that the trial court’s order was not appealable as a matter of right. The Court of Appeals held that it was appealable as a matter of right but affirmed the trial court’s denial of Gossage’s petition. State v. Gossage, 138 Wn. App. 298, 301, 156 P.3d 951 (2007).

¶10 Gossage filed a pro se petition for review in this court. The State did not respond. We granted review on April 1, 2008. State v. Gossage, 163 Wn.2d 1011, 180 P.3d 1290 (2008).

ISSUES

¶11 (1) Should this court review the Court of Appeals decision that the trial court’s order was appealable as a matter of right?

¶12 (2) Did the Court of Appeals err in affirming the trial court decision denying Gossage a certificate of discharge under RCW 9.94A.637?

¶13 (3) Should this court review Gossage’s arguments regarding sex offender registration and firearm disability?

¶14 (4) May Gossage challenge the validity of his original restitution order?

[6] ANALYSIS

¶15 Appealability. This court will review only issues raised in “the petition for review and the answer, unless the Supreme Court orders otherwise.” RAP 13.7(b); see also State v. Korum, 157 Wn.2d 614, 624-25, 141 P.3d 13 (2006) (declining to consider an issue not raised by the State in the argument section of its answer). The State failed to file an answer or a cross petition raising the issue of whether the trial court’s decision was appealable as a matter of right. See State’s Resp. to Mot. to Strike at 3. Therefore, this issue is not properly before us and we decline to address it.

¶16 Certificate of Discharge. A certificate of discharge restores an offender’s civil rights. RCW 9.94A.637(4). The court will issue a certificate of discharge when an offender has completed all of his sentence requirements, including any LFOs. RCW 9.94A.637(l)(a). It is undisputed that Gos-sage completed all of his sentence requirements except for paying the restitution order, which he only partially paid. Gossage argues that he no longer has an outstanding LFO because the restitution order expired. He points to RCW 9.94A.760(4), which states, in pertinent part:

Independent of the department or the county clerk, the party or entity to whom the legal financial obligation is owed shall have the authority to use any other remedies available to the party or entity to collect the legal financial obligation. These remedies include enforcement in the same manner as a judgment in a civil action by the party or entity to whom the legal financial obligation is owed.... [L]egal financial obligations for an offense committed prior to July 1, 2000, may be enforced at any time during the ten-year period following the offender’s release from total confinement or within ten years of entry of the judgment and sentence, whichever period ends later. Prior to the expiration of the initial ten-year period, the superior court may extend the criminal judgment an additional ten years for payment of legal financial obligations including crime victims’ assessments.

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State v. Gossage, 195 P.3d 525, 165 Wash. 2d 1 (Wash. 2008).

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