State v. Kozey

334 P.3d 1170, 183 Wash. App. 692
CourtCourt of Appeals of Washington
DecidedSeptember 16, 2014
DocketNos. 44594-8-II; 44610-3-II
StatusPublished
Cited by14 cases

This text of 334 P.3d 1170 (State v. Kozey) 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. Kozey, 334 P.3d 1170, 183 Wash. App. 692 (Wash. Ct. App. 2014).

Opinion

Bjorgen, A.C.J.

¶1 The State appeals Anthony Kozey’s sentences for two felony violations of domestic violence no-contact orders. The State argues that the trial court erred by interpreting RCW 9.94A.030(20) as conjunctively incorporating the definitions of “domestic violence” found in RCW 10.99.020 and RCW 26.50.010. Agreeing with the State, we reverse and remand for resentencing consistent with a disjunctive interpretation of the definition of “domestic violence” in RCW 9.94A.030(20).

FACTS

¶2 In violation of a no-contact order, Kozey contacted his longtime girlfriend, Chalene Johnston, on at least two occasions in September 2011. Kozey was convicted of gross misdemeanor no-contact order violations for these offenses. His sentences included a postconviction no-contact order that again forbade him from contacting Johnston.

¶3 In spite of this order, Johnston called Kozey in November 2011 and asked for help transporting and pawning [694]*694some power tools. A police officer investigating a different matter at the pawn shop saw Kozey and Johnston together, discovered the no-contact order after running the plates of the vehicle they used, and arrested Kozey for violating the order. Because Kozey already had two convictions for no-contact order violations, the State charged him with a felony for the new violation under RCW 26.50.110(5).

¶4 Johnston again initiated contact with Kozey in February 2012 while he was out on bail and awaiting trial for the November 2011 no-contact order violation. As a result, Kozey visited Johnston and their children at her grandmother’s house. During the visit, one of Johnston’s grandmother’s checks disappeared, and Kozey later cashed it. Police learned of Kozey’s violation of the no-contact order when the grandmother reported the theft of the check, and the State charged Kozey with another felony for the no-contact order violation.

¶5 During pretrial proceedings, Kozey argued that RCW 9.94A.030(20) defines “domestic violence” by conjunctively incorporating the definitions of “domestic violence” codified at RCW 10.99.020 and RCW 26.50.010, thereby requiring proof of both definitions.1, 2 Because the parties agreed that Kozey did not violate the no-contact order with the type of conduct necessary to constitute domestic violence under RCW 26.50.010, Kozey maintained that the State had not pleaded and could not prove domestic violence under its [695]*695definition in RCW 9.94A.030(20), thus precluding any enhanced sentence. The State argued that RCW 9.94A.030(20) disjunctively incorporated RCW 10.99.020 and RCW 26.50-.010, such that conduct falling under either definition constituted domestic violence for purposes of the enhanced domestic violence penalties of the Sentencing Reform Act of 1981 (SRA), chapter 9.94A RCW.

¶6 The trial court adopted Kozey’s reading of RCW 9.94A.030(20) and entered findings of fact and conclusions of law to that effect. These conclusions prevented the State from seeking enhanced penalties under RCW 9.94A.525(21).

¶7 After a bench trial on stipulated facts, the trial court found Kozey guilty of both the November 2011 and the February 2012 no-contact order violations. Based on its interpretation of the definition of “domestic violence” in RCW 9.94A.030(20), the trial court calculated Kozey’s offender score as zero for the November 2011 felony no-contact order violation and as one for the February 2012 felony no-contact order violation. The trial court imposed a standard 12-month term of incarceration for the November 2011 violation and a standard 14-month term of incarceration for the February 2012 violation, ordering that Kozey serve the terms concurrently.

¶8 The State appeals, asking us to reverse Kozey’s sentence and to remand the matter for resentencing consistent with a disjunctive interpretation of the definition of “domestic violence” in RCW 9.94A.030(20).

ANALYSIS

¶9 The parties contest the same issue they contested before the trial court: whether the word “and” in RCW 9.94A.030(20) conjunctively or disjunctively joins the definitions of “domestic violence” found in RCW 10.99.020 and RCW 26.50.010 for purposes of enhancing sentences for crimes involving domestic violence.

[696]*696¶10 We review a statute’s meaning de novo. Dep’t of Ecology v. Campbell & Gwinn, LLC, 146 Wn.2d 1, 9, 43 P.3d 4 (2002). Our “fundamental objective” when interpreting a statute is to “ascertain and carry out the [legislature’s intent.” Campbell & Gwinn, 146 Wn.2d at 9. Washington’s courts have long recognized that, despite the common, conjunctive usage of “and,” service of the legislature’s intent may require reading the word disjunctively. State v. Keller, 98 Wn.2d 725, 728-31, 657 P.2d 1384 (1983); see State v. Tiffany, 44 Wash. 602, 603-05, 87 P. 932 (1906) (discussing the interchangeability of “and” and “or”). To determine if the legislature intended “and” to read disjunctively, we must apply general rules of statutory interpretation. See Tiffany, 44 Wash. at 603-04 (quoting G.A. Endlich, Commentaries on the Interpretation of Statutes § 2 (1888)).

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

Related

State of Washington v. M.H.M.-J.
Court of Appeals of Washington, 2025
State Of Washington, V. Abdulrizak Isaac Yusuf
Court of Appeals of Washington, 2022
State of Washington v. Benjamin G. Smith
442 P.3d 265 (Court of Appeals of Washington, 2019)
4518 S. 256th, LLC v. Karen L. Gibbon, PS
382 P.3d 1 (Court of Appeals of Washington, 2016)
State Of Washington v. Brian Allen Roberts, II
Court of Appeals of Washington, 2015
State of Washington v. Jeremiah James Hodgins
190 Wash. App. 437 (Court of Appeals of Washington, 2015)
State Of Washington v. David R. Ross
Court of Appeals of Washington, 2015
State v. Ross
355 P.3d 306 (Court of Appeals of Washington, 2015)
State Of Washington v. Terry L. Jacob
Court of Appeals of Washington, 2015
State Of Washington v. Robert Walls, Jr.
Court of Appeals of Washington, 2015

Cite This Page — Counsel Stack

Bluebook (online)
334 P.3d 1170, 183 Wash. App. 692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kozey-washctapp-2014.