State v. Martin

969 P.2d 450, 137 Wash. 2d 149, 1999 Wash. LEXIS 1
CourtWashington Supreme Court
DecidedJanuary 7, 1999
DocketNo. 65454-9
StatusPublished
Cited by18 cases

This text of 969 P.2d 450 (State v. Martin) 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. Martin, 969 P.2d 450, 137 Wash. 2d 149, 1999 Wash. LEXIS 1 (Wash. 1999).

Opinions

Madsen, J.

Defendant Keith Martin contends that his case should have been dismissed due to the State’s failure to comply with his right to a speedy disposition, pursuant to RCW 13.40.130 and JuCR 7.12(a) or in the alternative that the court lost jurisdiction to sentence him because the hearing was scheduled more than 21 days after Defendant’s guilty plea. We conclude that Martin was not prejudiced by the delay and affirm his conviction and sentence.

Facts

Keith Martin was charged in Chelan County on November 22, 1995, with two counts of first degree possession of stolen property. The charges stemmed from possession of two stolen cars. He was arraigned on November 28, 1995, at which time he was released to his parents to return home [152]*152to King County. On January 9, 1996, he returned to Chelan County where he pleaded guilty to a single count of possession of stolen property; the second count was dismissed in exchange for his plea.

At Defendant’s request, the parties agreed to transfer the matter from Chelan County to King County for disposition because Martin and his family lived in King County. The Chelan County deputy prosecutor requested a waiver of the 21 day disposition rule because of the logistic difficulties inherent in transferring the case to King County. Martin objected to any delay. The trial court denied the State’s motion for an extension of time without prejudice to renew the motion in King County.

The case file was received in the King County Juvenile Court clerk’s office on January 19, 1996. The case, however, was not filed until March 1, 1996. Counsel was appointed for Martin on March 12, 1996, and his disposition hearing was held on March 20, 1996. At the hearing, Martin’s counsel objected to the untimely hearing and argued that the court was without power to impose an order of disposition. The judge found good cause to extend the hearing deadline because Martin had not been assigned counsel until March 12, 1996. The judge also found that Martin had failed to show prejudice resulting from the delay. Moreover, the judge observed that the delay had been caused by the transfer from Chelan County to King County, which was done as a courtesy to Martin. The judge then imposed a standard "range disposition of six months’ community supervision, 40 hours’ community service, and 10 days’ detention with credit for time served. Martin was further ordered to: attend school; participate in counseling; abide by a curfew; not use any drugs or alcohol; not possess weapons; and commit no new offense.

Martin appealed. In an unpublished decision, the Court of Appeals affirmed the disposition order based on respondent’s failure to show he was prejudiced by the delay. State v. Martin, No. 38486-4-1, slip op. at 5 (Wash. Ct. App. Mar. 17, 1997). The Court of Appeals, however, determined that [153]*153the trial court’s finding of good cause was unsupported by the record, because the State had not provided any excuse for the nearly two-month delay between Kang County’s receipt of the file and the appointment of Martin’s counsel. Martin filed a timely motion to reconsider which was denied. This Court granted Martin’s petition for review.

Discussion

The first issue before the court is whether the time limit as prescribed under RCW 13.40.130(8) is mandatory. That provision states:

The disposition hearing shall be held within fourteen days after the adjudicatory hearing or plea of guilty unless good cause is shown for further delay, or within twenty-one days if the juvenile is not held in a detention facility, unless good cause is shown for further delay.

Defendant contends that the statute is clear and unambiguous and, thus, absent a finding of good cause, the plain language of RCW 13.40.130(8) requires the court to hold the disposition hearing within 21 days of the plea agreement. Pursuant to the statute, the disposition hearing in this case should have occurred no later than January 30, 1996. Since the disposition took place on March 20, 1996, the defendant argues that the juvenile court lacked statutory authority to enter the order and it must be reversed.

In support of his position, Martin argues that this Court’s holding in State v. Krall, 125 Wn.2d 146, 881 E2d 1040 (1994), interpreting “shall” as being mandatory, [154]*154imposes a duty on the trial court to conduct a disposition within 21 days when a juvenile is out of custody. In Krall, the court reversed an order of restitution issued after the 60-day statutory period, provided for in RCW 9.94A.142(1), had expired. Krall, 125 Wn.2d at 149. Quoting Erection Co. v. Department of Labor & Indus., 121 Wn.2d 513, 518, 852 P.2d 288 (1993), the court noted the word “shall” in a statute is presumptively imperative and operates to create a duty. Thus, “shall” imposes a mandatory requirement unless a contrary legislative intent is apparent. In determining legislative intent, the court looked at the statute as a whole, concluding that where the Legislature had used both the words “shall” and “may” it was drawing a clear distinction between mandatory and discretionary provisions. Krall, 125 Wn.2d at 148.

The holding of Krall has been reaffirmed by this Court in two recent cases, State v. Moen, 129 Wn.2d 535, 919 P.2d 69 (1996), and State v. Mollichi, 132 Wn.2d 80, 936 P.2d 408 (1997). In Moen, the court held that a timeliness challenge to a restitution order could be raised for the first time on appeal and reversed the order setting restitution entered after the 60 days provided for in the statute. In Mollichi, the court again relied on Krall to reverse and vacate a restitution order entered against a juvenile because it found that the order was not timely entered at the disposition hearing as required by RCW 13.40.150(3)(f). Mollichi, 132 Wn.2d at 92-93. The court stated that the unambiguous and mandatory statutory language dictated the statute’s meaning be derived from the wording of the statute itself.

As with the statutes considered in Krall and Mollichi, RCW 13.40.130 alternatively uses “may” and “shall.” For example, RCW 13.40.130(6) states that, upon a finding of guilty, the court “may immediately proceed to disposition or may continue the case for a dispositional hearing.” (Emphasis added.) In contrast RCW 13.40.130(8), the section at issue here, directs that a disposition hearing “shall

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Cite This Page — Counsel Stack

Bluebook (online)
969 P.2d 450, 137 Wash. 2d 149, 1999 Wash. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-wash-1999.