State v. Jones

159 Wash. 2d 231
CourtWashington Supreme Court
DecidedDecember 28, 2006
DocketNo. 76900-1
StatusPublished
Cited by70 cases

This text of 159 Wash. 2d 231 (State v. Jones) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jones, 159 Wash. 2d 231 (Wash. 2006).

Opinions

¶1 —Ajury found Darrell Jones guilty of possession of cocaine. At a separate trial, another jury found Reginald Thomas guilty of assault in the second degree. In each case, the sentencing court determined that the defendant before it was under community placement at the time of the offense for which he was being sentenced. Pursuant to former RCW 9.94A.525(17) (2002),1 the respective sentencing courts added one point to the defendants’ offender scores. Each defendant appealed to Division One of the Court of Appeals, and the appeals were consolidated. That court reversed the trial courts, holding that under Blakely v. Washington2 and Apprendi v. New Jersey,3 the jury, rather than the sentencing judge, must find that the defendant was on community placement before the sentenc[234]*234ing judge may add a point to the offender score. We granted review and conclude that because community custody is directly related to and follows from the fact of a prior conviction and because the attendant factual determinations involve nothing more than a review of the nature of the defendant’s criminal history and the defendant’s offender characteristics, such a determination is properly made by the sentencing judge. Therefore, we reverse the Court of Appeals and uphold the sentences imposed on Jones and Thomas.

Alexander, C.J.

[234]*234I

STATE v. JONES

¶2 Darrell Jones was charged with one count of unlawful possession of cocaine in violation of the Uniform Controlled Substances Act, chapter 69.50 RCW. Following a jury trial, Jones was convicted. At his sentencing hearing, the trial court calculated Jones’s offender score as 7, based upon his four prior adult felony convictions and four prior juvenile felony convictions, and because Jones was on community placement at the time he committed the present offense. Jones’s Verbatim Report of Proceedings at 3 (Oct. 10, 2003). Jones disputed that he was on community placement, notwithstanding his admission that he reported to his community corrections officer shortly before the current offense occurred. The sentencing judge concluded by a preponderance of the evidence that Jones was on community placement at the time he committed the crime of possession of cocaine.

¶3 Jones’s standard range sentence, based on an offender score of 7, was 22 to 29 months in custody. Absent the community placement determination, Jones’s standard range sentence would have been 17 to 22 months. The sentencing court ultimately imposed a drug offender sentencing alternative of 12.75 months of incarceration and 12.75 months of community custody.

[235]*235 STATE v. THOMAS

¶4 Reginald Thomas was found guilty by a jury of assault in the second degree. At sentencing, the trial court judge calculated Thomas’s offender score as 8, based upon his seven previous felony convictions and because he was on community placement at the time of the current assault offense. Thomas’s Verbatim Report of Proceedings at 2 (Feb. 13, 2004). Thomas did not object to the sentencing court’s calculation of his offender score.4

¶5 Based upon the offender score of 8, Thomas’s standard range sentence was 53 to 70 months. Without the community placement determination, his standard range sentence would have been 43 to 57 months. The sentencing court imposed a sentence of 60 months of incarceration and 18 to 36 months of community custody. Clerk’s Papers at 65, 67-68.

II

¶6 Jones and Thomas each appealed his sentence to the Court of Appeals, Division One, and their appeals were consolidated. They argued there that the respective sentencing judges violated their Sixth Amendment right to a jury trial when the judges, rather than a jury, determined that they were on community placement at the time of the present crimes and used that determination to increase their standard range sentences. The Court of Appeals reversed, [236]*236concluding that a defendant’s status on community placement at the time of the current offense is a fact that must, under decisions of the United States Supreme Court in Apprendi and Blakely, be found by a jury beyond a reasonable doubt. In reaching its decision, the court read the prior conviction exception narrowly and rejected the State’s argument that the question of whether one convicted of a crime is on community placement at the time of the current offense is a determination that falls within the prior conviction exception set forth in Apprendi and Almendarez-Torres v. United States.5 State v. Jones, 126 Wn. App. 136, 107 P.3d 755 (2005).

¶7 The State petitioned our court for review, and we granted its petition. State v. Jones, 155 Wn.2d 1017 (2005). We also granted Jones’s and Thomas’s cross petition for review to address their contention that double jeopardy principles prevented the State from proving their community placement status to a jury on remand should we find constitutional error.6 We did, however, deny Jones’s request that we review the trial court’s denial of his motion to suppress.

Ill

¶8 Under this State’s determinant sentencing scheme, once a defendant has been convicted of a felony, the sentencing judge determines the defendant’s standard range sentence based on the seriousness level of the current offense and the defendant’s offender score. RCW 9.94A-.530(1), .510. The defendant’s offender score is determined by his or her other convictions, with the scoring of those prior convictions dependent upon the nature of the current offense. RCW 9.94A.525. One criterion used by a sentencing court to calculate the offender score is found in former RCW [237]*2379.94A.525(17). It provides that one point shall be added to the defendant’s offender score “[i]f the present conviction is for an offense committed while the offender was under community placement.” The term “community placement” is defined as the “period during which the offender is subject to the conditions of community custody and/or postrelease supervision.” RCW 9.94A.030(7).

¶9 The primary question presented to us is whether a defendant has a right under the United States Constitution to have the jury that determined his guilt, rather than the sentencing judge, decide whether he was on community placement at the time he committed his current crime. This is an issue of first impression in Washington. Like all constitutional challenges, we review it de novo. State v. Cubias, 155 Wn.2d 549, 552, 120 P.3d 929 (2005) (citing State v. Bradshaw, 152 Wn.2d 528, 531, 98 P.3d 1190 (2004)).

¶10 Jones and Thomas rely on the decisions of the United States Supreme Court in Apprendi and Blakely

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Bluebook (online)
159 Wash. 2d 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jones-wash-2006.