State v. Kuhlman

135 Wash. App. 527
CourtCourt of Appeals of Washington
DecidedOctober 17, 2006
DocketNo. 23937-3-III
StatusPublished
Cited by4 cases

This text of 135 Wash. App. 527 (State v. Kuhlman) 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. Kuhlman, 135 Wash. App. 527 (Wash. Ct. App. 2006).

Opinion

Kulik, J.

¶1 Mr. Terry Kuhlman pleaded guilty to failure to register as a sex offender and was convicted of second degree trafficking in stolen property. On appeal, he asserts the trial court’s use of his prior juvenile convictions in calculating his offender score violated his right to jury trial as articulated in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004). Mr. Kuhlman contends that the trial court imposed an exceptional sentence by setting the sentences on his two convictions to run consecutively rather than concurrently. We hold that juvenile adjudications fall within the prior conviction exception to Blakely and that imposition of consecutive standard range sentences does not constitute an exceptional sentence. We affirm.

FACTS

¶2 Terry Kuhlman entered a plea of guilty to failure to register as a sex offender. Several days later, Mr. Kuhlman was convicted of second degree trafficking in stolen property. The trial court sentenced Mr. Kuhlman on both offenses, taking into consideration his prior juvenile adjudications.

¶3 The State requested consecutive sentences based on Mr. Kuhlman’s unscored misdemeanor history and because of his high offender score. Mr. Kuhlman’s offender score had reached the maximum of 9 before considering the current conviction for failure to register as a convicted sex offender. Because the defendant would have received no additional punishment for the failure to register conviction, the State specifically requested that the two sentences run consecutively rather than concurrently. The defendant had four previous convictions for failure to register as a sex offender. The trial court granted the State’s request and imposed consecutive sentences. This appeal followed.

[530]*530ANALYSIS

1. Did the trial court’s use of Mr. Kuhlman’s prior juvenile offenses in calculating his offender score violate his constitutional rights to a jury trial and due process?

¶4 A defendant has a constitutional right to have a jury determine whether the factors permitting an exceptional sentence have been established beyond a reasonable doubt. Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000); Blakely, 542 U.S. at 301. However, as explained in Apprendi and Blakely, facts relating to a prior conviction are an exception to the rule requiring any fact that increases the maximum statutory penalty be proved to a jury. Apprendi, 530 U.S. at 476; Blakely, 542 U.S. at 301. This exception is recognized because recidivism “is a traditional, if not the most traditional, basis for a sentencing court’s increasing of an offender’s sentence.” Almendarez-Torres v. United States, 523 U.S. 224, 243, 118 S. Ct. 1219, 140 L. Ed. 2d 350 (1998). Therefore, facts related to prior convictions are “potentially distinguishable for constitutional purposes from other facts that might extend the range of possible sentencing.” Jones v. United States, 526 U.S. 227, 249, 119 S. Ct. 1215, 143 L. Ed. 2d 311 (1999).

¶5 Based on this exception, prior convictions do not need to be proved to a jury beyond a reasonable doubt in order to enhance a defendant’s sentence. The issue for this court is whether juvenile adjudications fall within the prior convictions exception.1

Due Process and Juvenile Adjudications

¶6 There is no Sixth Amendment right to a jury trial for juveniles. McKeiver v. Pennsylvania, 403 U.S. 528, 545, 91 S. Ct. 1976, 29 L. Ed. 2d 647 (1971). Likewise, the Wash[531]*531ington Constitution has “not been construed to guarantee the right of trial by jury in juvenile proceedings.” Monroe v. Soliz, 132 Wn.2d 414, 424, 939 P.2d 205 (1997). “Because of the differences between the juvenile justice system and the adult criminal system, the denial of a jury trial to juveniles has been repeatedly held constitutional.” State v. J.H., 96 Wn. App. 167, 170, 978 P.2d 1121 (1999).

¶7 Juvenile justice proceedings in this state are governed by the Juvenile Justice Act of 1977. See chapter 13.40 RCW. Under this statutory scheme, the juvenile justice system imposes lesser penalties than the adult criminal system which has a “punitive purpose and much more serious penalties.” J.H., 96 Wn. App. at 172. “The penalty, rather than the criminal act committed, is the factor that distinguishes the juvenile code from the adult criminal justice system.” State v. Schaaf, 109 Wn.2d 1, 7-8, 743 P.2d 240 (1987). The difference in policy and procedure is largely because the primary responsibility of the juvenile justice system is to respond to the needs of juvenile offenders, and because of the age and vulnerability of juvenile offenders. Monroe, 132 Wn.2d at 419-20; Schaaf, 109 Wn.2d at 22. Based on these differences, a juvenile adjudication is not considered a conviction for a crime. J.H., 96 Wn. App. at 174. However, juvenile adjudications are counted as criminal convictions under the Sentencing Reform Act of 1981 (SRA), chapter 9.94A RCW, if the offender being sentenced was charged as an adult. RCW 9.94A.030(14).

¶8 While there are significant substantive and procedural differences between juvenile adjudications and adult criminal convictions, all juvenile proceedings still must satisfy the basic requirements of due process and fairness. In re Gault, 387 U.S. 1, 12, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967). “Accused juveniles are provided their full range of constitutional rights such as the right to an attorney, to confront witnesses, the privilege against self-incrimination and suppression of evidence illegally obtained.” State v. Lawley, 91 Wn.2d 654, 657, 591 P.2d 772 (1979).

[532]*532 Use of Juvenile Adjudications in Sentencing

¶9 The SRA treats an adult offender’s juvenile adjudications as criminal convictions. RCW 9.94A.030(14). Apprendi and Blakely mandate that any fact other than a prior conviction that increases the maximum statutory penalty for a crime must be proved to a jury beyond a reasonable doubt. Apprendi, 530 U.S. at 476. Because there is no right to jury trial for juvenile offenders, courts have struggled with whether a prior juvenile adjudication should be treated as part of the Apprendi-Blakely prior convictions exception.

¶10 Two main approaches have emerged in response to this issue.

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Related

State v. A.N.J.
168 Wash. 2d 91 (Washington Supreme Court, 2010)
State v. James
138 Wash. App. 628 (Court of Appeals of Washington, 2007)

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135 Wash. App. 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kuhlman-washctapp-2006.