State v. I.K.C.

160 Wash. App. 660
CourtCourt of Appeals of Washington
DecidedMarch 15, 2011
DocketNo. 39519-3-II
StatusPublished

This text of 160 Wash. App. 660 (State v. I.K.C.) 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. I.K.C., 160 Wash. App. 660 (Wash. Ct. App. 2011).

Opinion

¶1 A juvenile court granted I.K.C. a deferred disposition under RCW 13.40.127 and imposed 15 days of detention as part of his community supervision order. I.K.C. appeals, arguing RCW 13.40.127 does not allow juvenile courts to impose detention for deferred dispositions. The parties agree that this appeal is technically moot because I.K.C. has already completed the detention term, but I.K.C. asks us to consider the issue as a matter of continuing and substantial public interest. We agree and hold that RCW 13.40.127 does not permit imposing detention for deferred dispositions.

Armstrong, J.

FACTS

¶2 Following a fight at school between I.K.C., a, 14-year-old boy, and N.W., a 15-year-old boy, the State charged I.K.C. with third degree assault. I.K.C. moved for a deferred disposition under RCW 13.40.127. The statute allows eligible juveniles1 to defer the disposition of their case for up to one year while they are placed under community supervision. RCW 13.40.127(2), (5). The juvenile must stipulate to the facts in the police report and if he or she fails to comply with the terms of supervision, the stipulated facts are used to support a finding of guilt and impose a disposition. RCW 13.40.127(3). If the juvenile complies with the terms of supervision, the case is dismissed with prejudice at the end of the supervision period. RCW 13.40.127(9).

[663]*663¶3 At a hearing on I.KC.’s deferred disposition motion, the juvenile court asked I.K.C. if he understood that probation could involve up to 150 hours of community service, 30 days in detention, and restitution to the victim. I.K.C. responded that he understood and still wanted a deferred disposition. The court granted his motion.

¶4 The probation department then recommended, among other things, that the court impose 5 days of detention. The State recommended 20 days of detention. I.KC.’s counsel argued that 20 days of detention was extreme for a juvenile with no prior criminal history and that RCW 13.40.127 does not permit courts to impose detention for a deferred disposition. The juvenile court stated that it thought recent case law allowed imposing detention for deferred dispositions and ordered 15 days of detention, with 4 days to be served in secured detention and the remaining 11 days to be served in jail alternatives, if I.K.C. qualified for the alternatives.2 I.K.C. appeals, arguing RCW 13-.40.127 does not allow juvenile courts to impose detention for a deferred disposition.

ANALYSIS

I. Moot Case

¶5 The parties agree this case is technically moot because I.K.C. has already served his detention term. But we may review a moot case if it presents issues of “ ‘continuing and substantial public interest.’ ” Satomi Owners Ass’n v. Satomi, LLC, 167 Wn.2d 781, 796, 225 P.3d 213 (2009) (quoting In re Marriage of Horner, 151 Wn.2d 884, 891, 93 P.3d 124 (2004)). In deciding whether a case presents issues of continuing and substantial public interest, three factors are determinative: “ ‘(1) whether the issue is of a public or private nature; (2) whether an authoritative determination is desirable to provide future guidance to [664]*664public officers; and (3) whether the issue is likely to recur.’ ” Satomi, 167 Wn.2d at 796 (internal quotation marks omitted) (quoting Horner, 151 Wn.2d at 892). We may also consider “ ‘the likelihood that the issue will escape review because the facts of the controversy are short-lived.’ ” Satomi, 167 Wn.2d at 796 (internal quotation marks omitted) (quoting Horner, 151 Wn.2d at 892).

¶6 The issue of whether a juvenile court can impose detention under the deferred disposition statute, RCW 13.40.127, meets these criteria. It is public in nature and is likely to recur because the probation department stated at I.KC.’s hearing that its “standard recommendation” for deferred dispositions includes five days of detention. Report of Proceedings at 10. Also, I.K.C. has provided records for all Kitsap County deferred dispositions between January 1, 2006, and December 31, 2009, and those records show that out of 510 deferred dispositions, 217 juveniles received some detention time. Because this issue arises fairly frequently, an authoritative determination on whether imposing detention is lawful under RCW 13.40.127 is desirable to provide guidance to juvenile courts. Finally, the majority of juveniles that received detention time for deferred dispositions in Kitsap County received between 1 and 5 days of detention, and I.K.C. received 15 days of detention. Because the facts of the controversy are short-lived, this issue will continue to escape review if we decline to consider it. Thus, this case presents an issue of continuing and substantial public interest that we should consider. See Satomi, 167 Wn.2d at 796.

¶7 The State argues, however, that it would be inequitable to allow I.K.C. to contest the validity of his detention term under the circumstances of this case. First, the State argues that I.KC.’s objection was untimely because he was aware that the State intended to recommend detention and understood that detention was a possible consequence, but waited until after the court granted his deferred disposition motion to object to the detention recommendation. Generally, an objection is timely when the [665]*665alleged error is brought to the trial court’s attention at a time when the court has an opportunity to correct it. See Smith v. Shannon, 100 Wn.2d 26, 37-38, 666 P.2d 351 (1983); In re Welfare of Young, 24 Wn. App. 392, 396-97, 600 P.2d 1312 (1979). Here, I.K.C. waited to object to the State’s recommendation of 20 days’ detention until the State actually made the recommendation to the juvenile court. He also objected before the court made its final ruling on the conditions of his community supervision order. Thus, I.K.C. properly brought the alleged error to the court’s attention at a time when the court had an opportunity to correct it. See Smith, 100 Wn.2d at 37-38; Young, 24 Wn. App. at 397.

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Related

Smith v. Shannon
666 P.2d 351 (Washington Supreme Court, 1983)
In Re the Welfare of Young
600 P.2d 1312 (Court of Appeals of Washington, 1979)
In Re Marriage of Horner
93 P.3d 124 (Washington Supreme Court, 2004)
State v. Ramer
86 P.3d 132 (Washington Supreme Court, 2004)
State v. Lown
66 P.3d 660 (Court of Appeals of Washington, 2003)
In re the Personal Restraint of Goodwin
50 P.3d 618 (Washington Supreme Court, 2002)
State v. Watson
51 P.3d 66 (Washington Supreme Court, 2002)
State v. Ramer
151 Wash. 2d 106 (Washington Supreme Court, 2004)
In re the Marriage of Horner
93 P.3d 124 (Washington Supreme Court, 2004)
Satomi Owners Ass'n v. Satomi, LLC
225 P.3d 213 (Washington Supreme Court, 2009)
State v. J.A.
20 P.3d 487 (Court of Appeals of Washington, 2001)
State v. Lown
116 Wash. App. 402 (Court of Appeals of Washington, 2003)

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Bluebook (online)
160 Wash. App. 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ikc-washctapp-2011.