State v. J.P.

43 P.3d 544, 111 Wash. App. 105, 2002 Wash. App. LEXIS 586
CourtCourt of Appeals of Washington
DecidedApril 8, 2002
DocketNo. 48138-0-I
StatusPublished
Cited by2 cases

This text of 43 P.3d 544 (State v. J.P.) 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. J.P., 43 P.3d 544, 111 Wash. App. 105, 2002 Wash. App. LEXIS 586 (Wash. Ct. App. 2002).

Opinion

Agid, J.

The Juvenile Court denied the State’s request for restitution for the victim’s crime-related counseling in this assault case, holding that a recent amendment to the definition of restitution in the Juvenile Justice Act of 1977 (JJA) limits restitution for counseling to sex offenses. The State argues that the disposition section of the JJA, which contains no such limitation, controls and the trial court erred in denying restitution. J.P. asserts both that the trial court’s interpretation of the JJA is correct and that, in any event, the State may not appeal juvenile restitution orders. We hold that RAP 2.2(b)(6) permits the State to appeal the trial court’s order. Because the JJA is to be liberally construed in favor of restitution and the amendment on which the trial court relied was intended to increase penalties for sex offenses rather than limit penalties for other offenses, the trial court should have ordered restitution for counseling in this case. We therefore reverse.

FACTS

Fourteen-year-old J.P. was convicted of fourth degree assault. The State requested restitution in the amount of $560.74 for the victim’s counseling after the assault. The trial court denied the State’s request, asserting that RCW 13.40.020(22), the section of the JJA that defines restitution, limits it to a victim’s counseling costs in sex offenses. [108]*108After the court denied its untimely motion for reconsideration, the State appealed.

DISCUSSION

Appeal of Juvenile Restitution Orders

Initially, J.R maintains that the State may not appeal from juvenile restitution orders because they are not included in the orders that may be appealed under RAP 2.2(b). The State contends that under State v. A.M.R.,1 it may appeal a juvenile restitution order under RAP 2.2(b)(6).2

This same issue was decided in A.M.R. There, we held that

RAP 2.2(b)(6) does grant the State an appeal of sentences in criminal cases where the State alleges a miscalculation occurs in determining the standard range. The disposition of a juvenile offender is appealable in the same manner as criminal cases. . . . [Restitution is part of a criminal sentence, especially in juvenile cases.[3]

We further stated:

The authority to impose restitution is found in RCW 13.40.190, which mandates that a court order a juvenile offender “to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent.” Further, where justice demands,. . . we will not determine cases or issues solely on the basis of compliance or noncompliance with the rules. This court will review the trial [109]*109court’s alleged abuse of discretion in failing to award the full amount of restitution because the statute requires the juvenile court to perform an act it is apparently refusing to perform.[4]

J.P.’s arguments were all made and rejected in A.M.R. But J.P. now argues that we should not follow A.M.R. because RAP 2.2(b)(6) applies to adult, rather than juvenile, dispositions and thus cannot permit the State’s appeal. We disagree. A.M.R.’s holding is based on more than RAP 2.2(b)(6). As the quotation above indicates, we also held the State could appeal because a juvenile offender’s disposition is appealed in the same way as adult criminal cases 5 and restitution is an integral part of a criminal sentence, especially in juvenile cases.6 Finally, we rely on RAP 1.2(a), which provides that we will liberally interpret the rules “to promote justice and facilitate the decision of cases on the merits.” Where, as here, we must determine whether the restitution provisions of the JJA are as limited as the trial court held they were, it is appropriate to decide the legal issue on the merits. Accordingly, we agree with A.MR. and hold that the State can appeal the trial court’s order denying restitution in a juvenile case under RAP 2.2(b)(6).

Restitution for Counseling Costs

The State maintains that the trial court erred in denying restitution for the victim’s counseling, asserting that the disposition section of the JJA, RCW 13.40.190, authorizes it. J.P. contends that the trial court properly based its decision on RCW 13.40.020(22), which it held limits restitution to “sex offenses.” In State v. Landrum, we anticipated the problem presented here, noting that “by adopting the 1990 amendment [to RCW 13.40.020(22)], the Legislature created yet another ambiguity in the JJA by arguably [110]*110limiting its grant of authority to impose restitution for counseling to sex offense cases.”7

The disposition section, RCW 13.40.190(1), provides in part:

In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. . . . Restitution may include the costs of counseling reasonably related to the offense.[8]

Restitution is defined under RCW 13.40.020(22) in part as follows:

“Restitution” means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim’s counseling reasonably related to the offense if the offense is a sex offense.[9]

The italicized portion of the restitution definition was added by the Community Protection Act of 1990 (CPA), a statute designed to increase penalties for sex offenses.10 We did not have to reach the issue in Landrum because the offenses at issue there were sex offenses.

Both parties devote major portions of their briefs arguing various conflicting rules of statutory construction which they contend support their interpretation of the statute. The State maintains that RCW 13.40.190, the disposition section, controls because (1) it is unambiguous and specific, (2) it is later in order, (3) the JJA is to be liberally construed in favor of imposing restitution, and (4) legislative history indicates no intent to limit counseling restitution to victims of “sex offenses.” J.P.

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Related

State v. JP
69 P.3d 318 (Washington Supreme Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
43 P.3d 544, 111 Wash. App. 105, 2002 Wash. App. LEXIS 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jp-washctapp-2002.