State v. Lewis

344 P.3d 1220, 185 Wash. App. 338
Court of Appeals of Washington·Decided December 30, 2014·No. Nos. 44393-7-II; 44396-1-II·Published·Cited by 5 cases

Opinion

fl — The State appeals Adam Chief Lewis’ sentence on two separate cases, arguing that the trial court improperly calculated the amount of credit for time served. The trial court gave Lewis (1) credit for time served that he had previously received credit for in an unrelated resolved case and (2) credit for time served on an unrelated judgment and sentence. Because Lewis received credit for time served more than once, we reverse and remand to the trial court to recalculate the amount of credit for time served.

Lee, J.

FACTS

¶2 On May 13,2011, Lewis was arrested in Clark County for numerous crimes. On May 26, 2011, Lewis was charged with first degree burglary and first degree robbery under [341]*341cause number 11-1-00815-1 (burglary charges) and first degree burglary, two counts of first degree assault, two counts of first degree kidnapping, and two counts of unlawful possession of a firearm under cause number 11-1--00816-9 (assault charges). Lewis remained incarcerated in the Clark County Jail.

¶3 On August 10, 2011, while in pretrial incarceration for the burglary charges and assault charges, Lewis was charged with failure to register as a sex offender (cause number 11-1-01336-7). Lewis pleaded guilty to the failure to register as a sex offender charge on August 31, 2012, and was sentenced to 50 months’ confinement. The trial court calculated his credit for time served on the failure to register conviction starting on August 10, 2011 (387 days). Lewis began serving his sentence for the failure to register conviction on August 31, 2012.

¶4 Lewis pleaded guilty to the burglary charges on October 26, 2012, and pleaded guilty to the assault charges on November 5, 2012.1 Lewis was sentenced on both the burglary charges and the assault charges on December 14, 2012. At sentencing for the burglary charges and assault charges, Lewis requested that his credit for time served be calculated based on the entire time he had been incarcerated since his original arrest on May 13, 2011 (581 days). The trial court agreed with Lewis and calculated his credit for time served at 581 days. The State filed a motion for reconsideration, which the trial court denied.

¶5 The State appeals the calculation of Lewis’ credit for time served. The State argues that Lewis should have received credit for only the period of time from his arrest until he was charged with failure to register.

[342]*342ANALYSIS

¶6 The State argues that the trial court erred because the unambiguous language of the statute governing calculation of time served, RCW 9.94A.505(6), limits credit for time served to time served on the charge for which the defendant is being sentenced. Lewis argues that the trial court properly calculated his credit for time served based on the constitutional principles of equal protection underlying the statute codifying the right to credit for time served. Based on both RCW 9.94A.505(6) and the constitutional principles underlying credit for time served, the trial court miscalculated Lewis’ credit for time served; at the time of sentencing, Lewis was not entitled to credit for any time served after August 10, 2011.

¶7 Here, we are required to address a question of statutory interpretation and application of a constitutional principle. We review questions of statutory interpretation de novo. State v. Gonzalez, 168 Wn.2d 256, 263, 226 P.3d 131, cert. denied, 562 U.S. 928 (2010). Similarly, we review constitutional issues de novo. State v. Vance, 168 Wn.2d 754, 759, 230 P.3d 1055 (2010).

¶8 A defendant is entitled to credit for time served based on constitutional principles of due process and equal protection. Reanier v. Smith, 83 Wn.2d 342, 346, 517 P.2d 949 (1974). And RCW 9.94A.505(6) “ ‘simply represents the codification of the constitutional requirement that an offender is entitled to credit for time served prior to sentencing.’ ” In re Pers. Restraint of Costello, 131 Wn. App. 828, 833, 129 P.3d 827 (2006) (quoting State v. Williams, 59 Wn. App. 379, 382, 796 P.2d 1301 (1990)). Our Supreme Court recently explained the constitutional principles underlying credit for time served:

In Reanier [, 83 Wn.2d at 346], this court held that “an accused person, unable to or precluded from posting bail or otherwise procuring his release from confinement prior to [343]*343trial” was entitled to credit for time served upon sentencing. The court based its decision on “principles of due process and equal protection” and on “potential implications of double jeopardy.” [Reanier, 83 Wn.2d] at 347. It reasoned that a contrary decision would result in two separate sets of sentencing ranges — one for “those unable to procure pretrial release from confinement and another for those fortunate enough to obtain such release” — and concluded that such a sentencing regime would not survive rational basis review. [Reanier, 83 Wn.2d] at 346-47. . . .
The Reanier decision absolutely bars the legislature from distinguishing between rich defendants and poor defendants for the purpose of credit for time served, but the legislature remains free to draw many other distinctions.

State v. Medina, 180 Wn.2d 282, 292-93, 324 P.3d 682 (2014).

¶9 The legislature has codified the procedure for calculation of credit for time served in RCW 9.94A.505(6). RCW 9.94A.505(6) states:

The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

Our objective in interpreting a statute is to ascertain and carry out the legislature’s intent. State v. Evans, 177 Wn.2d 186, 192, 298 P.3d 724 (2013). We begin with the plain language of the statute. Evans, 177 Wn.2d at 192. If the plain language of the statute is unambiguous, our inquiry ends. State v. Armendariz, 160 Wn.2d 106, 110, 156 P.3d 201 (2007).

¶10 The Sentencing Reform Act of 1981, ch. 9.94A RCW, does not generally authorize giving credit for time served on other sentences. State v. Watson, 63 Wn. App. 854, 859, 822 P.2d 327 (1992).

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State v. Lewis, 344 P.3d 1220, 185 Wash. App. 338 (Wash. Ct. App. 2014).

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