State v. Harris

327 P.3d 1276, 181 Wash. App. 969
Court of Appeals of Washington·Decided June 23, 2014·No. No. 69729-3-I·Published·Cited by 9 cases

Opinion

Becker, J.

¶1 Statutory restitution may be ordered under RCW 9A.20.030(1) if the State proves that the crime was a “but for” cause of the victim’s loss. Washington does not require proof of proximate cause as that term is used in tort law. In this case, the loss was burial expenses for a woman who died after appellant John Harris ran into her with his car. Harris was driving with a suspended license at the time and was convicted of that crime. Harris should not have been driving, and if he had not been driving, he would not have hit the pedestrian. We conclude driving with a suspended license was a “but for” cause of the loss and affirm the order of restitution.

[972] ¶2 The accident occurred at night in Tukwila on East Marginal Way, a busy arterial passing through an industrial area. Pedestrian Clashana Grayson, wearing dark clothing, had just gotten off the bus and was crossing the street mid block. Harris ran into her, stopped, got out to check on her, saw that she was lying motionless in the street, and left the scene. Bystanders ran to help Grayson, but another car ran over her before they were able to block traffic. Grayson died at the hospital. The driver of the second car was not identified.

¶3 The State did not charge Harris with vehicular homicide. That would have required substantial evidence, which apparently was lacking, that Harris was driving recklessly, under the influence of alcohol or drugs, or with disregard of others. RCW 46.61.520. Instead, the State charged Harris with felony hit and run and driving with a suspended license. A jury convicted Harris as charged. In a special verdict, the jury determined that Harris was “involved in an accident that resulted in the death of another person.” See RCW 46.52.020(4)(a)-(b) (hit and run resulting in death is a class B felony; hit and run resulting in injury is a class C felony). Harris was sentenced to a total of 87 months’ imprisonment.

¶4 At the State’s request, the court ordered Harris to pay restitution of $8,655.22 to the decedent’s relatives for her burial expenses. The order of restitution was part of the sentence for driving with a suspended license. The State did not seek restitution on the conviction for felony hit and run, recognizing that the burial expenses were not causally connected to that offense under Washington case law. See State v. Hartwell, 38 Wn. App. 135, 684 P.2d 778 (1984), overruled on other grounds by State v. Krall, 125 Wn.2d 146, 881 P.2d 1040 (1994).

¶5 Harris appeals the order of restitution.

¶6 A court’s power to impose restitution is statutory. State v. Thomas, 138 Wn. App. 78, 81, 155 P.3d 998 (2007). Harris contends the order of restitution for the burial [973] expenses must be vacated because it was not authorized by statute.

¶7 Restitution is an integral part of the Washington system of criminal justice. Restitution statutes indicate a strong public policy to provide restitution whenever possible. State v. Shannahan, 69 Wn. App. 512, 517-18, 849 P.2d 1239 (1993). So long as the restitution is of a type authorized by statute, we will reverse an award of restitution only if the court abused its discretion. Thomas, 138 Wn. App. at 81. A court abuses its discretion when its decision is manifestly unreasonable or based on untenable grounds. Thomas, 138 Wn. App. at 81.

¶8 A court is authorized to impose restitution in lieu of a fine where the defendant “caused a victim to lose money or property through the commission of a crime”:

If a person has gained money or property or caused a victim to lose money or property through the commission of a crime, upon conviction thereof or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor’s recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement, the court, in lieu of imposing the fine authorized for the offense under RCW 9A.20.020, may order the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant’s gain or victim’s loss from the commission of a crime. Such amount may be used to provide restitution to the victim at the order of the court. It shall be the duty of the prosecuting attorney to investigate the alternative of restitution, and to recommend it to the court, when the prosecuting attorney believes that restitution is appropriate and feasible. If the court orders restitution, the court shall make a finding as to the amount of the defendant’s gain or victim’s loss from the crime, and if the record does not contain sufficient evidence to support such finding the court may conduct a hearing upon the issue. [974] For purposes of this section, the terms “gain” or “loss” refer to the amount of money or the value of property or services gained or lost.

RCW 9A.20.030U).

¶9 Harris first contends this statute does not support the order of restitution because the offense of driving with a suspended license is not an offense that involves loss of money or property. Under the plain language of the statute, that is not the issue. The issue is whether Harris “caused a victim to lose money or property through the commission of a crime.” Harris also argues that Grayson was the victim, not her relatives. In view of the strong public policy favoring restitution, there is no reason to impose a narrow definition of the term “victim.” It was not an abuse of discretion for the court to construe “victim” as including the decedent’s relatives who had to pay for her burial, a monetary loss.

¶10 Harris next contends the State did not prove that the burial expenses were causally connected to the crime of driving with a suspended license.

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

State v. Harris, 327 P.3d 1276, 181 Wash. App. 969 (Wash. Ct. App. 2014).

327 P.3d 1276 (State v. Harris) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State of Washington v. Zachary P. Bergstrom
Court of Appeals of Washington, 2025
STATE OF FLORIDA v. ANTHONY LEVERN WAITERS
District Court of Appeal of Florida, 2022
Brianna Marie Peterson v. Municipality of Anchorage
500 P.3d 314 (Court of Appeals of Alaska, 2021)
State of Washington v. Thomas Gerald Marlin
Court of Appeals of Washington, 2019
State Of Washington v. John B. Velezmoro
196 Wash. App. 552 (Court of Appeals of Washington, 2016)
State Of Washington v. Bruno Molina
Court of Appeals of Washington, 2016
State Of Washington v. Maryann Rehaume
Court of Appeals of Washington, 2015
State Of Washington, Res. v. Juan Cruz-grijalva, App.
Court of Appeals of Washington, 2015
State Of Washington, Resp. v. Abdirizak Mohamed, App.
Court of Appeals of Washington, 2014