State v. Haws

118 Wash. App. 36
CourtCourt of Appeals of Washington
DecidedAugust 12, 2003
DocketNo. 28638-6-II
StatusPublished
Cited by3 cases

This text of 118 Wash. App. 36 (State v. Haws) 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. Haws, 118 Wash. App. 36 (Wash. Ct. App. 2003).

Opinion

Bridgewater, J.

Cody Michelle Haws, a juvenile, appeals the denial of her motion for a deferred disposition on charges of unlawful imprisonment and fourth degree assault. We hold that the court did not err when it considered the nature of the offense in denying her motion. We affirm.

Facts

On December 12, 2001, the State charged Haws with unlawful imprisonment, fourth degree assault, and sexual exploitation of a minor. The juvenile court dismissed the sexual exploitation charge. Haws then pleaded guilty to the remaining charges and moved for a deferred disposition.

In response to this motion, the superior court commissioner ordered a presentence disposition report. The disposition report detailed the facts of the offense, including facts related to the sexual exploitation charge.1 After discussing the status of Haws’s co-respondents and her family, school, and personal background, the report writer recommended that the commissioner deny Haws’s motion.2 After hearing [39]*39argument on the motion and statements from Haws and her father and reviewing the presentence disposition report, the commissioner found that Haws was eligible for a deferred disposition but denied her motion in part because of “the nature of the offense.” 2 Report of Proceedings (RP) (Mar. 1, 2002) at 45.

Arguing that the commissioner should not have considered the nature of the offenses beyond determining whether the offenses made Haws ineligible for a deferred disposition, Haws moved to revise the commissioner’s ruling. The superior court denied the motion.

Discussion

Haws contends that under the plain language of RCW 13.40.127, the juvenile court erred when it considered the nature of the underlying offenses in deciding whether to grant her motion for a deferred disposition. She asserts that once the court determined that the offenses did not make her ineligible for a deferred disposition under RCW 13-.40.127(1), the language of RCW 13.40.127(2) restricts the court to consulting with her parents or guardian and to considering “whether the offender and the community will benefit from a deferred disposition before deferring the disposition.” She argues that this language precludes the court from considering the nature of the underlying offenses. We disagree.

This issue involves the interpretation of a statute. Statutory interpretation is a question of law that we review de novo. State v. Keller, 143 Wn.2d 267, 276, 19 P.3d 1030 (2001), cert. denied, 534 U.S. 1130 (2002). In interpreting statutory provisions, our primary objective is to ascertain and give effect to the intent and purpose of the legislature in creating the statute. State v. Sullivan, 143 Wn.2d 162, [40]*40174-75,19 P.3d 1012 (2001). To determine legislative intent, we look first to the language of the statute. State v. McDougal, 120 Wn.2d 334, 350, 841 P.2d 1232 (1992). If the statute is clear on its face, we must derive its meaning from the plain language of the statute alone. Keller, 143 Wn.2d at 276. But unlikely, absurd, or strained results from a literal reading should be avoided. McDougal, 120 Wn.2d at 350.

Under RCW 13.40.127, the juvenile court has discretion to defer the disposition of a case if (1) the juvenile is eligible for a deferred disposition; and (2) the court determines, after consultation with the juvenile’s custodial parents or guardians, that the juvenile and the community will benefit from a deferred disposition.3 RCW 13.40.127(1), (2). If the juvenile fully complies with the conditions of supervision and fulfills any restitution obligation, the juvenile court will vacate the guilty plea and dismiss the charges with prejudice. RCW 13.40.127(9). Ajuvenile (1) charged with a sex or violent offense, (2) with a criminal history that includes any felony, (3) with a prior deferred disposition or adjudication, or (4) who has two or more adjudications is not eligible for a deferred disposition. RCW 13.40.127(1). If the juvenile is not eligible or the juvenile court denies the motion, then an adjudicatory or dispositional hearing is in order. RCW 13.40.130(2), .150.

We note that the Juvenile Justice Act of 1977, chapter 13.40 RCW, was intended, among other stated aims, to protect citizens; to make juveniles accountable for their [41]*41criminal behavior; to provide treatment, supervision, and custody; and to provide punishment commensurate with the juvenile’s age, the crime, and the juvenile’s criminal history. RCW 13.40.010(2)(a), (c), (f), (d). In light of these stated aims, we hold that RCW 13.40.127(2) grants the juvenile court broad discretion as to whether it should defer disposition.

Although RCW 13.40.127(2) directs the juvenile court to make its determination with the benefit to the juvenile and community in mind and in consultation with the juvenile’s parents or guardians, it does not enumerate or exclude any factors the court must or must not consider in making this determination. Thus, we look at the plain language and the purpose of the Act to determine what factors the juvenile court may consider.

Several factors demonstrate that the court has discretion to examine a broad range of factors, including the underlying offense. First, there is no specific language in RCW 13.40.127 prohibiting the juvenile court from considering the underlying offense. Second, the juvenile court must consider the underlying offense in order to ensure that the punishment, if any, is commensurate with the crime. See also RCW 13.40.150.

Third, and most importantly, it would be an absurd and irrational reading of the statute and contrary to the goals of the Juvenile Justice Act to prohibit the juvenile court from considering the offense when determining whether the juvenile and community would benefit from a deferred disposition.

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Related

State v. B.J.S.
140 Wash. App. 91 (Court of Appeals of Washington, 2007)
State v. Haws
74 P.3d 147 (Court of Appeals of Washington, 2003)

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Bluebook (online)
118 Wash. App. 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-haws-washctapp-2003.